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Note: This document or portion of document references a state or local code that is stricter than the 2010 ADA Standards requires.

11B-233.3.2 Residential dwelling units for sale.

Residential dwelling units designed and constructed or altered by public entities that will be offered for sale to individuals shall provide accessible features to the extent required by this chapter.

[2010 ADAS] 233.3.2 Residential Dwelling Units for Sale.  Residential dwelling units offered for sale shall provide accessible features to the extent required by regulations issued by Federal agencies under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as amended. 

[2010 ADAS] Advisory 233.3.2 Residential Dwelling Units For Sale.  A public entity that conducts a program to build housing for purchase by individual home buyers must provide access according to the requirements of the ADA regulations and a program receiving Federal financial assistance must comply with the applicable Section 504 regulation.

Exception:  Existing residential dwellings or residential dwelling units acquired by public entities that will be offered for resale to individuals without additions or alterations shall not be required to comply with this chapter. 

ETA Editor's Note

This Access Board Note was taken from ADA Title II §35.151(j) New Construction and Alterations; Facilities with Residential Dwelling Units for Sale to Individual Owners:

[ADA Title II] U.S. Access Board's Note to Reader:

The Department of Justice’s ADA standards also require the following:

Facilities with residential dwelling units for sale to individual owners.

(1) Residential dwelling units designed and constructed or altered by public entities that will be offered for sale to individuals shall comply with the requirements for residential facilities in the 2010 Standards including sections 233 and 809.

(2) The requirements of paragraph (1) also apply to housing programs that are operated by public entities where design and construction of particular residential dwelling units takes place only after a specific buyer has been identified. In such programs, the covered entity must provide the units that comply with the requirements for accessible features to those pre-identified buyers with disabilities who have requested such a unit.

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