2019 California Standards for Accessible Design Guide (effective January 1, 2020 with July 1, 2021 amendments)

Advisory 11B-233.1 General. This section addresses long-term living (non-transient), public housing dwelling units. The definition for “Public Housing” in Chapter 2 of the California Building Code (CBC) is based on the Americans with Disabilities Act (ADA) and the 2010 ADA Standards for Accessible Design (2010 ADAS) that regulates the built environment.

Following are sections in the ADA Title II (28 CFR Part 35) and 2010 ADAS applicable to state and local government services, programs and activities.

§35.102(a) “this part applies to all services, programs or activities provided or made available by public entities.”

§35.151(a) “each facility or part of a facility constructed by, on behalf of, or for the use of a public entity…..”

§35.151(b) “each facility or part of a facility altered by, on behalf of, or for the use of a public entity…..”

§35.151(e) “Group homes, halfway houses, shelters, or similar social service center establishments…..”

§35.151(f) “Housing at a place of education…..”

§35.151(j) “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…..”

For additional guidance see Appendix A to Part 35 – Guidance to Revisions to ADA Regulations on Nondiscrimination on the Basis of Disability in State and Local Government Services §35.151(j).

Title II of the ADA mandates that when State or local governments establish a program that provides housing to its residents, that public entity has the obligation to ensure that its program is operated in a non-discriminatory manner whether the program is provided directly by the public entity or through “contractual, licensing, or other arrangements with a private entity.”

When a State or local government enters into an agreement with a private party the obligation to comply with the ADA is not contracted away. Where public and private entities act jointly, the public entity must ensure that the relevant requirements of title II are met; and the private entity must ensure compliance with title III. Adherence to the 2010 ADAS is required in such an agreement.

It is important to note that the ADA and thereby Chapter 11B do not apply to a private entity simply because it is a recipient of funds from a public entity. The public entity may provide significant assistance by the provision of property or equipment, loans, grants, funds or other means.

A private owner of housing facilities may be a beneficiary of significant assistance that does not trigger compliance with the ADA or Chapter 11B. The significant assistance may be provided for programs such as seismic mitigation, energy efficiency upgrades or historic preservation that are not considered housing programs. However, the provisions in Chapter 11B for alterations may be applicable depending on the extent of modifications undertaken during such projects.

Frequently Asked Questions

1. A housing project is receiving low-income tax credits from the California Tax Credit Allocation Committee (CTAC). Is compliance with Chapter 11B required?

The California Tax Credit Allocation Committee facilitates the investment of private capital into the development of affordable rental housing for low-income Californians. The CTCAC regulations may be more restrictive that the provisions in Chapter 11B of the CBC. For questions related to the CTCAC Regulations contact the treasurer’s office: http://www.treasurer.ca.gov/ctcac/

The Division of the State Architect (DSA) promulgates the regulations for public housing in Chapter 11B of the CBC. For questions related to Chapter 11B contact DSA: http://www.dgs.ca.gov/dsa/AboutUs/contact/hdqtrs.aspx

2. Does Chapter 11B regulate single family detached dwellings that are privately owned?

Strictly privately-owned single-family dwellings are not covered by Chapter 11B; however, certain privately-owned facilities, either single-family or multi-family, that provide housing on behalf of or for the use of a public entity are subject to Chapter 11B. Examples include, but are not limited to; public housing, student and faculty housing, employee housing, nursing homes, and social service center establishments such as homeless shelters and halfway houses.

It is not necessary for the public entity to hold title to housing facilities however each facility or part of a facility constructed by, on behalf of, or for the use of a public entity ….” (emphasis added) must be designed and constructed so that it is “readily accessible to and useable by individuals with disabilities.

When residential dwelling units are designed and constructed or altered by public entities that will be offered for sale to individuals accessibility in compliance with Chapter 11B Section 11B-233.3.2 is required.

3. What is the number of residential dwellings units in a public housing project that trigger compliance with Chapter 11B?

Compliance with Chapter 11B is required for as few as one unit. An example is publicly owned housing where five residential dwelling units are provided at five different sites. Where fifteen or fewer residential dwelling units are provided each must comply with Chapter 11B when constructed under separate contracts. When constructed under a single contract then one residential dwelling unit must comply with Chapter 11B.

4. The tenants in an apartment complex receive Section 8 tenant-based vouchers in payment for rent. Does that trigger compliance with Chapter 11B?

A recipient is defined as any State or its political subdivision, any instrumentality of a state or its political subdivision, any public or private agency, institution, organization or other entity or any person to which federal financial assistance is extended for any program or activity directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance.

A private landlord who accepts Section 8 tenant-based vouchers in payment for rent from a low-income individual is not a recipient of federal financial assistance. The ultimate beneficiary of the assistance is the tenant. Therefore, when the project is not as described in the “public housing” definition then compliance with Chapter 11B is not required.

5. What is required for access compliance when project based vouchers are received from the U.S. Department of Housing and Urban Development (HUD)?

Project-based vouchers (PBVs) are a component of a public housing agency’s (PHA’s) Housing Choice Voucher (HCV) program. A PHA can use up to 20 percent of its authorized voucher units to project-base units in a specific project if the owner agrees to either rehabilitate or construct the units, or the owner agrees to set-aside a portion of the units in an existing development. The requirements for accessibility can be found in the PBV Regulations (24 CFR Part 983) Subpart C-Dwelling Units § 983.102 Housing accessibility for persons with disabilities.

6. Can residential dwelling units provide both mobility and communication features within the same unit?

The 2010 ADAS and Chapter 11B are silent on the overlap of mobility and communication features in residential dwelling units. The 2010 ADAS and Chapter 11B apply to as few as one residential dwelling unit and in that instance the features must overlap.

For projects subject to HUD’s Section 504 regulations the dwelling unit with communication features is in addition to the unit with mobility features. HUD’s Section 504 regulations apply when five or more residential dwellings units are provided.

It’s important to determine which regulations and standards apply to a project and comply with the most stringent provisions of the pertinent regulations.

Agency Websites for more information:

U.S. Department of Housing and Urban Development https://www.hud.gov/

U.S. Department of Justice Civil Rights Division https://www.ada.gov/

Internal Revenue Service – Low Income Housing Tax Credits https://www.irs.gov/credits-deductions/individuals/low-income-housing-credit-at-a-glance

Fair Housing Accessibility First http://www.fairhousingfirst.org

California Department of Housing and Community Development http://www.hcd.ca.gov ◼