Transcript Accessible and Adaptable Housing

Accessible
and
Adaptable
Housing
February 24, 2009
Mayor’s Office on Disability
504 Rehabilitation Act 1973
504 (as amended) prohibits discrimination
on the basis of disability in federally
assisted programs and activities to all State
and local governmental entities whether or
not such entities receive Federal funds.
Most programs and activities of State and local governments
are recipients of financial assistance from one or more Federal
agencies and are already covered by section 504.
Civil Rights, Performance Standard
Source of 5% wheelchair & 2% hearing accessible units
Fair Housing Act
Failure to design and construct certain
multifamily dwellings to include certain features
of accessible design will be regarded as unlawful
discrimination. Established design +
construction requirements for multifamily
housing built for first occupancy after 3/13/1991.
FHA (Title VIII,1968 Civil Rights Act) prohibits:
 discrimination in the sale, rental, and financing of dwellings based on
race, color, religion, sex, and national origin,
 expand coverage to prohibit discriminatory housing practices based on
disability and familial status - it is unlawful to deny the rental or sale of a
dwelling unit to a person because that person has a disability.
Civil Rights, Performance Standard
Source of 3+4 adaptable, newly constructed units
ADA Title II
ADA Title II (effective January 26, 1992)
prohibits discrimination on the basis of
disability in services, programs and
activities provided by State and local
government entities
Built into 1964 Civil Rights Act provided protections
to persons on the basis of race, sex, national
origin, and religion.
Publicly Funded?
A building or facility or portion of a
building or facility designed, constructed,
or altered by, on behalf of, or for the use of
a public entity subject to ADA Title II
requirements for State and Local
Governments
(28 CFR part 35 or/and 49 CFR 37.41 or 37.43)
Civil Rights Performance + Technical Standard
Source of 3+4 adaptable, newly constructed units
Chronology
State Laws
1985 A New Horizon
(4+ units $1000 limit)
1987 SF Ordinance
(adds condominiums)
Federal Laws
1968 Fair Housing Act
(basic civil rights)
1973 504 Rehab Act
(5+2% Accessible units)
1990 New Horizons Revised 1988 Fair Housing
(Cost cap repealed, 5% units,
Amendments Act
12 mandatory access features)
(adaptable units 3+4)
1993 CA CBC ch 3100
1991 HUD FHA Guidelines
1998 CA CBC ch 11A
1996-8 HUD FHA Manual
2001 CA CBC (multistory units)
(first graphical design guideline)
2007 CA CBC Rebuild
2000 ICC CRHA
(Harmonize with 11B major changes &
reorganization)
(FHA safe harbor)
2000 IBC +2001 Supplement
(FHA safe harbor)
2009 ADA/ABA (HUD 504 units)
Chronology
State Laws
1985 A New Horizon
(4+ units $1000 limit)
1987 SF Ordinance
(adds condominiums)
1990 New Horizons Revised
(Cost cap repealed, 5% units,
12 mandatory access features)
1993
1998
2001
2007
CA CBC ch 3100
CA CBC ch 11A
CA CBC (multistory units)
CA CBC Rebuild
(Harmonize with 11B major changes &
reorganization)
Federal Laws
1968 Fair Housing Act
(basic civil rights)
1973 504 Rehab Act
(5+2% Accessible units)
1988 Fair Housing Act
(adaptable units 3+4)
1991 HUD FHA Guidelines
1996-8 HUD FHA Manual
(first graphical design guideline)
2000 ICC CRHA
(FHA safe harbor)
2000 IBC +2001 Supplement
(FHA safe harbor)
2009 ADA/ABA (HUD 504 units)
So What…?
1. State and SF CBC are harmonized
2. CA & SF Codes are not safe-
harbored by HUD’s FHA
3. CA & SF codes do not contain
504 Accessible Unit standards.
4. CA & SF codes contain more & less
scope & technical requirements than
FHA or 504!
And So…? Must use…
1. CBC Chapters 11A and 11B for any
publicly funded housing
(but this has gotten alot easier)
2. SF/CA CBC + 504 + FHA for
housing with ($1+) Federal funding
3. SF/CA CBC + FHA for covered
housing but not having federal funds
CBC ~ More & less
 Publicly-funded Alterations
 Multistory Units
(10% visibility)
 CBC Public use areas
 Lack of Accessible Units
 Lack of clarity on coveredunits in complex facilities
(elevator and non-elevator buildings, podiums
structures)
requirements (ch 11B)
 Parking garage issues
 Unit interior issues
 Definition of “story”
 Lack of loft units
 Lack of “usability in
 Toilet room “usability” &
appliances & controls)
 Lack of recreation
elements
 Not keeping up with 2006
(2009) ADA/ABA
(42” halls at doors)
powder room requirements
 “Other” non-covered unit
requirements (Ch 11A 1150A.2
additional unit requirements min. access
in exempt, non-elevator buildings)
Shuffling
through multiple
decks of playing
cards!