24 CFR Part 8 Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice: Instructions for use of alternative accessibility standard
VI. Relationship to Other Laws
Recipients of HUD funding must be aware of and comply with the accessibility requirements of all applicable laws, including Section 504, the ABA, the ADA, and the FHAct. Compliance with one of these statutes does not ensure compliance with other Federal disability nondiscrimination laws. For example, compliance with Section 504, the ABA, or the ADA does not ensure compliance with the FHAct; similarly, compliance with FHAct accessibility requirements does not ensure compliance with the accessibility requirements of Section 504, the ABA, or the ADA. The FHAct prohibits discrimination in housing because of race, color, religion, sex, national origin, familial status, and disability.21 One type of disability discrimination prohibited by the FHAct is the failure to design and construct covered multifamily dwellings with certain features of accessible design.22
The FHAct design and construction requirements apply to ‘‘covered multifamily dwellings’’ designed and constructed for first occupancy after March 13, 1991. ‘‘Covered multifamily dwellings’’ means all buildings consisting of four or more dwelling units: In buildings without an elevator, all of the ground floor dwelling units are covered; in buildings with one or more elevators, all of the dwelling units are covered. HUD encourages entities to refer to HUD’s FHAct regulation and technical guidance issued by HUD to ensure compliance with FHAct accessibility requirements.23
Date: May 16, 2014.
David R. Ziaya,
Deputy Assistant Secretary for Operations and Programs.
21 The Act uses the term ‘‘handicap’’ instead of ‘‘disability.’’ Both terms have the same legal meaning.
22 42 U.S.C. 3604(f).
23 See HUD regulation implementing the design and construction provisions at 24 CFR 100.200 et seq.; Final Fair Housing Accessibility Guidelines(‘‘Guidelines’’), 56 FR 9472 (Mar. 6, 1991); Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers About the Guidelines (‘‘Questions and Answers’’), 59 FR 33362–68 (June 28, 1994); Fair Housing Act Design Manual (‘‘Design Manual’’) (August 1996, Revised April 1998). For additional technical assistance, seethe Fair Housing Act Accessibility FIRST Web site,www.fairhousingfirst.org.
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