Condo Fire rebuild - when is FHA triggered?

[Yikes]

A condominium complex originally built in the 1970s had one of its buildings burn down in the Los Angeles January fires. This building contained 18 small multistory condos.
The entire building pad had been scraped after the fire - -no footings remain. The condo HOA and individual owners have decided to rebuild, like-for-like, to the extent allowed by code. These multistory dwelling units are constrained by the 3D dimensions of the condo map. They can't get bigger on the outside to accommodate code changes such as thicker walls, shallower risers and treads; and they certainly don't have room for accessibility clearances, at least not without the owners noticing their bathroom, hallways and kitchens got bigger while their living rooms and bedrooms got significantly smaller.

Because the entire complex was constructed for first occupancy prior to 3/13/1991, FHA did not previously apply to any building. And if the burned building still existed but was dramatically altered, FHA would still not apply. But since none of the original building exists, will the replacement building now be considered as "constructed for first occupancy after 3/13/1991"?
In other words, will the replacement building units be required to meet the accessibility requirements of FHA, and for that matter, CBC 11A for accessibility?

 

[Jean Tessmer-HI]

Yes, if a multifamily housing unit is rebuilt after a fire, it must comply with the Fair Housing Act (FHA) accessibility requirements if it is constructed for first occupancy after March 13, 1991. This includes ensuring that the building is accessible to individuals with disabilities, following specific design and construction standards. To find out what the FHA compliant work is limited to I would contact fair housing first folks. The access would include parking, walkways to the rebuilt housing, and common elements. Under HUD FHA all multifamily housing built or rebuilt after March 13, 1991 with four or more units are covered under the HUD FHA. If there are elevators to the upper floors then 100% of those units need to meet HUD FHA. Otherwise only all first floor units must comply.

Contact - FairHousingFirst@hud.gov

 

[steveray]

It's a new building if the foundation is gone...new code...

 

[Yikes]

The county is allowing single family residences to expand their previous footprint up to 10% to accommodate code changes. I don’t see that as an option for condo owners unless they completely amend the condo map. There’s going to be some interesting HOA meetings for sure.

 

[jar546]

The county is allowing single family residences to expand their previous footprint up to 10% to accommodate code changes. I don’t see that as an option for condo owners unless they completely amend the condo map. There’s going to be some interesting HOA meetings for sure.

They can always build higher and expand the units to fewer per floor if height increase is an option.

 

[Yikes]

They can always build higher and expand the units to fewer per floor if height increase is an option.

True, but they will need to expand an entire floor higher to gain meaningful SF. That will block views and cast shadows on the adjacent condo owners whose buildings did not burn down. That should make for an interesting HOA meeting.

 

[jar546]

True, but they will need to expand an entire floor higher to gain meaningful SF. That will block views and cast shadows on the adjacent condo owners whose buildings did not burn down. That should make for an interesting HOA meeting.

View attachment 16719

How many floors and how many units per floor?

 

[Yikes]

The original burned building and all remaining buildings: 2 floors, and they are all multistory units. They are in a hillside area with dramatic views overlooking the city below.