Does ADA apply to publicly funded apartment units?

[Yikes]

I have several projects that utilize tax credit financing, and occassionally HUD funds as well, for purposes of construction. The California Building Code defines them as "Privately Funded". This would make them subject to CBC chapter 11A, and also UFAS and FHA.

I also believe that CBC 11B and ADA apply to the visitor's parking, rental (business) office, or any other placed where public (not just residents or their invited visitors) would do business; and the related support spaces (restroom, drinking fountain, phone, etc.) and path-of-travel.

However, another person is claiming that because public funds are used, every apartment must somehow be a "public accomodation", and therefore all the apartments themselves are subject to ADA. In my opinion this is an over-reach. At most, maybe he could say that if an apartment manager was required to live onsite (as a condition of employment) in a dedicated apartment, then maybe the manager's apartment would be subject to ADA.

***Question: Do you think all apartment units (not just common spaces) built with public funds are subject to ADA? If so, please cite references. Thanks.

P.S. Clarification: The monthly rent may be paid for by tenants using section 8 vouchers. Think of it as similar to food stamps/ SNAP debit cards at a supermarket. This is not the same as (for example) as city paying for operation for a homeless shelter, or a fire station sleeping quarters.

 

[mark handler]

Does ADA apply to publicly funded apartment units?

Not the interior of the units

all common spaces shall comply with the ADAsad

"....does not include residential dwelling units intended to be used as a residence...."

§ 35.151(d) Scope of coverage

Guidance on the 2010 ADA Standards for Accessible Design: Volume 2

In CA

Do all the living units in an apartment building need to be accessible?

Accessibility is required to all covered multifamily dwellings on the lowest floor in buildings without elevators. Certain exceptions apply to multistory units, or smaller buildings such as single or duplex units. In covered multifamily dwellings in buildings with elevators, all units are required to be located on an accessible route. Within the units, the requirements are for accessibility are allowed to be for adaptable dwelling units.

What is a "covered multifamily dwelling"?

"Covered multifamily dwellings" are all dwelling units in buildings consisting of three or more privately funded dwelling units if such buildings have one or more elevators; and all ground floor dwelling units in other buildings consisting of three or more dwelling units.

Is an elevator required in "covered multifamily dwellings"?

No, as long as the first dwelling level floor above grade is accessible. Some buildings have parking on the lower floor, and a ramp, wheelchair lift or elevator will be required to provide access to the lowest dwelling level floor above the parking.

What is an "adaptable dwelling unit"?

An "adaptable dwelling unit" is a dwelling unit in a building with a building entrance on an accessible route designed in such a manner that the public and common use areas are readily accessible to and usable by a person with a disability, and all doors are designed sufficiently wide to allow passage into and within all premises by persons who use wheelchairs as required by the building code.

What are the general requirements of the California Building Standards Code accessibility regulations?

Accessibility to buildings or portions of buildings shall be provided for all occupancy classifications except as specifically modified by the building code. Individual occupancy requirements in the code may modify the general requirements for accessibility, but never to the exclusion of them entirely — unless the requirements for an individual occupancy specifically overrides a general requirement. Multistory buildings must provide access by ramp or elevator, with elevator exceptions available for some buildings. Generally, two story office buildings are not required to have elevators, although all other accessible features are still required on upper floors.

What accessible routes are required on a site?

When a building, or portion of a building, is required to be accessible or adaptable, an accessible route of travel shall be provided to all portions of the building, to accessible building entrances and between the building and the public way. Except within an individual dwelling unit, an accessible route of travel shall not pass though kitchens, storage rooms, restrooms, closets or other spaces used for similar purposes.

At least one accessible route within the boundary of the site shall be provided from public transportation stops, accessible parking and accessible passenger loading zones, and public streets or sidewalks, to the accessible building entrance they serve. The accessible route shall, to the maximum extent feasible, coincide with the route for the general public. At least one accessible route shall connect accessible buildings, facilities, elements and spaces that are on the same site.

At least one accessible route shall connect accessible building or facility entrances with all accessible spaces and elements and with all accessible dwelling units within the building or facility. An accessible route shall connect at least one accessible entrance of each accessible dwelling unit with those exterior and interior spaces and facilities that serve the accessible dwelling unit.

Frequently Asked Questions on Accessibility

 

[lunatick]

I have several projects that utilize tax credit financing, and occassionally HUD funds as well, for purposes of construction. The California Building Code defines them as "Privately Funded". This would make them subject to CBC chapter 11A, and also UFAS and FHA.I also believe that CBC 11B and ADA apply to the visitor's parking, rental (business) office, or any other placed where public (not just residents or their invited visitors) would do business; and the related support spaces (restroom, drinking fountain, phone, etc.) and path-of-travel.

However, another person is claiming that because public funds are used, every apartment must somehow be a "public accomodation", and therefore all the apartments themselves are subject to ADA. In my opinion this is an over-reach. At most, maybe he could say that if an apartment manager was required to live onsite (as a condition of employment) in a dedicated apartment, then maybe the manager's apartment would be subject to ADA.

***Question: Do you think all apartment units (not just common spaces) built with public funds are subject to ADA? If so, please cite references. Thanks.

P.S. Clarification: The monthly rent may be paid for by tenants using section 8 vouchers. Think of it as similar to food stamps/ SNAP debit cards at a supermarket. This is not the same as (for example) as city paying for operation for a homeless shelter, or a fire station sleeping quarters.

This would become a good ****ing match.

Problem I see, is no matter what CA put into laws to exempt or to redefine it.

The requirements of the funding I think would still have to apply. No matter what. If a conflict exists wherein CA requirement makes something less strict than the fed requirement. You would be best served going to the Feds and getting a read on how this might affect funding.

Moreover. I think this would be a target by ada chasing attorney. Taking that project to federal court.

Interesting to see if the courts would consider the dilima the state imposed on this development.

 

[Yikes]

OK, doing more poking around, ere's what I think is happening: UFAS is getting folded into ADA:

About UFAS

"What lies ahead for UFAS?

The Board has revised the guidelines upon which UFAS is based. One goal of this update is to make these guidelines and those issued under the ADA more consistent. As a result, this update will be proposed jointly with a new ADAAG."

The word "guidelines" is hyperlinked to ADA Standards Homepage

So it appears the answer is yes, ADA applies to the units, but it is the section 809 for "residential units" and the requirements are pretty much the same as the old UFAS.

Furthermore, section 203.8 limits the overall scope of how many units (and the common spaces that serve them) must be accessible.

 

[mark handler]

Yikes

keep doing your research

The ADA, does not apply to apartments.

The 2010 Standards contain scoping and technical standards for residential dwelling units. However, section 233.3.2 of the 2010 Standards specifically defers to the Department and to HUD, the standard-setting agency under the ABA, to decide the appropriate scoping for those residential dwelling units built by or on behalf of public entities with the intent that the finished units will be sold or rented to individuals.

Except for Transit Housing and Housing at a Place of Education, It does apply to Hotels, motels and timeshares.

 

[mark handler]

Just follow 11A and you will be fine

 

[Yikes]

Actually Mark, there are a few areas where UFAS is MORE restrictive than Title 24 / 11A.

For example, 1133A.5 says "lower shelving and/or drawer space shall be provided in the kitchen at a height of no more than 48 inches above the floor".

This implies you can have is somewhere, ANYWHERE, in the kitchen area. You might not even need upper cabinets.

However, UFAS is more strict:

"4.34.6.10* KITCHEN STORAGE. Cabinets, drawers, and shelf areas shall comply with 4.25 and shall have the following features: (1) Maximum height shall be 48 in (1220 mm) for at least one shelf of all cabinets and storage shelves mounted above work counters (see Fig. 50)."

So in UFAS, any upper cabinet or shelf that happens to be located above the 30" wide accessible work surface MUSt be no more than 48" AFF.

If you have a 34" high counter and a 47" high bottom of cabinet, that leaves 13" space, making the work surface unusable to many tenants.

FYI, the 2010 ADA standards seem to have removed this specific requirement, but as long as government agencies require compliance with "UFAS", I'm in this gray area.

 

[north star]

& = &

From the`10 CBC, Ch. 1, Section 1.1.7.1 - Differences:

"In the event of any differences between these building standards and

the standard reference documents, the text of these building standards

shall govern."

& = &

 

[mark handler]

4.34.6.10* KITCHEN STORAGE. Cabinets, drawers, and shelf areas shall comply with 4.25 and shall have the following features:

(1) Maximum height shall be 48 in for at least one shelf of all cabinets and storage shelves mounted above work counters

That does not say there must be an upper cabinet there could be no upper cabinets

if you do, one must be lowered