CCDA Accessibility Compliance for Businesses: "Myths and Misconceptions"

8. A condominium (or apartment) development has to comply only with CBC Chapter 11A.

The California Fair Employment and Housing Act (FEHA) requires all "covered multi-family dwellings" designed and constructed for first occupancy after March 13, 1991 to be readily accessible to and usable by persons with disabilities. Under Chapter 11A, condominiums with four or more dwelling units and apartments with three or more dwelling units must comply with accessibility provisions of the CBC. Discrimination based on disability in housing is also prohibited by the FEHA.

The FEHA covers many different types of residential buildings and facilities, including private housing, housing available for public use, projects receiving federal funds to provide housing, social service center establishments that provide housing of a non-transient nature, and more. The specific accessibility requirements based on funding, ownership and/or type of use may trigger different regulatory requirements under both the state and federal standards and regulations. In addition to physical accessibility, the Federal Fair Housing Act and the FEHA also require that housing providers make reasonable accommodations to provide equal access to people with disabilities. A common example of a housing accommodation is to waive a no-pets policy to allow a person with a disability to live with an assistance animal. When covered multifamily dwellings are subject to the requirements of more than one jurisdiction or law, compliance with each law is required. Where federal, state, or local laws differ, the more stringent requirements apply.

In addition, facilities that are open to the public, such as rental offices, must comply with the ADA and CBC Chapter 11B.

The best resource for additional information regarding the scope and application of California and federal accessibility standards are the California Housing and Community Development Department and the Division of the State Architect. A helpful resource for additional information on other access and reasonable accommodations requirements is the California Department of Fair Employment and Housing: www.dfeh.ca.gov.