Pub. 4 2019 Issue 3

15 ISSUE 3 2019 five-feet wide. Multifamily properties are also required to have “Van Accessible” signage at the space. If you do not have a van-accessible space at your property, chances are darn good that you are out of compliance. A Fair Hous- ing tester needn’t get out of the car at your property to determine that you are not abiding by Fair Housing laws. Section 504 Applies to ALL Properties with Government Subsidies Another common misconception is that Section 504 of the Rehabilitation Act of 1973 applies to your property if you have a government subsidy. While parts of Section 504 are going to apply to you, they do not necessarily relate to your property as built. The design requirements of Section 504 were implemented for newly construct- ed Rural Development properties in 1982 and for U.S. Department of Housing and Urban Development (HUD) properties in 1988. Properties built under these programs before these dates are not required to provide five percent fully accessible units and two percent hearing and visually impaired units unless substantially rehabilitated. Prop- erties constructed before those dates are encouraged to provide five percent fully accessible units during renova- tion/rehabilitation/repair. Section 504 also requires that common areas be fully accessible. If a property was built prior to the implemen- tation dates, the owner is under no obligation to make the dwelling units or common areas accessible. Fair Housing laws do require an owner to make reasonable accommo- dations or modifications if requested by an applicant or a resident. So even though an owner is not required to make wholesale changes to a property, it is likely that he will have to make changes due to a reasonable request by an applicant or resident. The Fair Housing Amendments Act Does Not Dis - tinguish Between Accessible and Adaptable Units Another misunderstanding is the difference between acces- sible units and adaptable units. The Fair Housing Amend- ments Act of 1988 (FHAA) added disability and familial status as federally protected classes. FHAA requires that buildings built after March 13, 1991, be constructed with seven specific design features, and to be adaptable. All ground-floor units and all units in elevator buildings must be adaptable. All common areas must also be completely accessible, just as they are under Section 504. The seven design features of these adaptable units allow an owner to quickly adapt a unit if someone with a physical disability needs accessible features. For example: An adaptable unit has reinforced walls at the toilets and tub/ showers to accommodate the installation of grab bars if needed by the resident, while a fully accessible unit has those grab bars already installed. Another interesting twist is that townhouses (or units with living spaces on multiple floors) are not covered by these regulations (un- less the building they are in has an elevator). Understanding the truth behind these misconceptions will enable multifamily properties to stay within full compli- ance and potentially avoid a costly Fair Housing lawsuit. 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. 2 3