Three Misconceptions Regarding ADA and Fair Housing Accessibility Laws

It is quite common for auditors, inspectors and regulatory agencies to misapply the various accessibility laws on the books. Multifamily owners will sometimes find themselves out of compliance because of a misinterpretation of the regulations and may spend thousands of dollars correcting a problem that really doesn’t exist. Multifamily professionals, from site managers to operators and owners, must understand which regulations apply to their property to avoid a fair housing lawsuit, fine or penalty. Understanding when the property was built and whether a regulatory or federal subsidy applies is the first step. In this article, we look at three common misconceptions of the Americans with Disabilities Act, the Rehabilitation Act of 1973 and the Fair Housing Act regarding accessibility at multifamily properties: 1. Properties must have ADA units Let’s start out by blowing away the most common misunderstanding about accessibility at multifamily properties: mandatory ADA units. The truth is, there are no apartment properties that have Americans With Disabilities Act (ADA) units. Zero. Zip. Zilch. When people want to talk about their ADA units, that’s your signal that they do not have an understanding of accessibility laws. ADA applies to public accommodations. Examples of public accommodations are hotel rooms, restaurants, convention centers, convenience stores and government-owned housing like university dorm rooms. Thus, while the ADA – signed into law in 1990 – applies to multifamily properties, it does not apply to the dwelling units. All areas of public accommodation must be fully-accessible. Public areas at a multifamily property include the rental office. A community room might fall under ADA if it is available to more than the residents and their guests (i.e., used for town meetings or leased out). [Additional Reading: Service Animals & The ADA: The Definitive Guide For Property Managers] The ADA also applies to the p...