Understanding and Staying on Top of Accessibility Compliance

As discussed in RealWorld 2018 sessions  Understanding compliance requirements of the Fair Housing Act of 1968 and Americans with Disabilities Act of 1990 and respective updates is no simple task for multifamily properties. How the laws apply specifically to the industry can be complex and, if not followed, result in expensive penalties and tarnish brand reputation. FHA requires housing providers to provide reasonable accommodations (i.e., reasonable changes) for people with disabilities to use and enjoy their dwellings. Based on the definition of a disability as the FHA, ADA and Rehabilitation Act of 1973, accommodations range beyond having wheelchair-accessible entrances or sidewalks and van-accessible parking spaces. A disability – according to the FHA, and Section 504 of the Rehabilitation Act of 1973 – is a physical or mental impairment which substantially limits one or more major life activity. In the United States, one out of every five adults has a disability, according to a 2015 study published by the Centers for Disease Control and Prevention. The most common functional disability type was a mobility limitation – defined as serious difficulty walking or climbing stairs — reported by one in eight adults. Others included disability in thinking and/or memory, independent living, vision, and self-care. RealPage Vice President Business Development Greg Proctor, featured in “All Access Pass: A Compliance Diary” at RealWorld, says most properties are unknowingly out of compliance on FHA accessibility laws. Mailboxes and light switches that are too high, lack of van-accessible parking, steep sidewalks and even the wrong type of door handles are common violations. “Your property is out of compliance,” he said. “It may not be big, and you may not have heard from a federal or state agency, but your exposure is there and you need to be aware of that.” But FHA violations for discrimination of p...