Excerpts from 2010 ADA Standards for Accessible Design:
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010 Standards for State and Local Government Facilities: Title II
§ 35.151 New construction and alterations.
(a) Design and construction.
(1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public
entity shall be designed and constructed in such manner that the facility or part of
the facility is readily accessible to and usable by individuals with disabilities, if the
construction was commenced after January 26, 1992.
(f) Housing at a place of education. Housing at a place of education that is subject to this
section shall comply with the provisions of the 2010 Standards applicable to transient
lodging, including, but not limited to, the requirements for transient lodging guest rooms
in sections 224 and 806 (pp. 82 and 210) subject to the following exceptions. For the
purposes of the application of this section, the term “sleeping room” is intended to be
used interchangeably with the term “guest room” as it is used in the transient lodging
standards.
(1) Kitchens within housing units containing accessible sleeping rooms with mobility
features (including suites and clustered sleeping rooms) or on floors containing
accessible sleeping rooms with mobility features shall provide turning spaces
that comply with section 809.2.2 of the 2010 Standards (p. 213) and kitchen work
surfaces that comply with section 804.3 of the 2010 Standards (p. 208).
(2) Multi-bedroom housing units containing accessible sleeping rooms with mobility
features shall have an accessible route throughout the unit in accordance with
section 809.2 of the 2010 Standards (p. 212).
(3) Apartments or townhouse facilities that are provided by or on behalf of a place of
education, which are leased on a year-round basis exclusively to graduate students
or faculty, and do not contain any public use or common use areas available for
educational programming, are not subject to the transient lodging standards and
shall comply with the requirements for residential facilities in sections 233 and 809 of
the 2010 Standards (pp. 91 and 212).
(j) Facilities with residential dwelling units for sale to individual owners.
(1) Residential dwelling units designed and constructed or altered by public entities that
will be offered for sale to individuals shall comply with the requirements for residential
facilities in the 2010 Standards, including sections 233 and 809 (pp. 91 and 212).
(2) The requirements of paragraph (1) also apply to housing programs that are operated
by public entities where design and construction of particular residential dwelling
units take place only after a specific buyer has been identified. In such programs,
the covered entity must provide the units that comply with the requirements for
accessible features to those pre-identified buyers with disabilities who have
requested such a unit.
2010 Standards for Public Accommodations and Commercial Facilities: Title III
(b) Commercial facilities located in private residences.
(1) When a commercial facility is located in a private residence, the portion of the
residence used exclusively as a residence is not covered by this subpart, but that
portion used exclusively in the operation of the commercial facility or that portion
used both for the commercial facility and for residential purposes is covered by the
new construction and alterations requirements of this subpart.
(2) The portion of the residence covered under paragraph (b)(1) of this section extends
to those elements used to enter the commercial facility, including the homeowner’s
front sidewalk, if any, the door or entryway, and hallways; and those portions of the
residence, interior or exterior, available to or used by employees or visitors of the
commercial facility, including restrooms.
(e) Housing at a place of education. Housing at a place of education that is subject to
this part shall comply with the provisions of the 2010 Standards applicable to transient
lodging, including, but not limited to, the requirements for transient lodging guest rooms
in sections 224 and 806 (pp. 82 and 210), subject to the following exceptions. For the
purposes of the application of this section, the term “sleeping room” is intended to be
used interchangeably with the term “guest room” as it is used in the transient lodging
standards.
(1) Kitchens within housing units containing accessible sleeping rooms with mobility
features (including suites and clustered sleeping rooms) or on floors containing
accessible sleeping rooms with mobility features shall provide turning spaces
that comply with section 809.2.2 of the 2010 Standards (p. 213) and kitchen work
surfaces that comply with section 804.3 of the 2010 Standards (p. 208).
(2) Multi-bedroom housing units containing accessible sleeping rooms with mobility
features shall have an accessible route throughout the unit in accordance with
section 809.2 of the 2010 Standards (p. 212).
(3) Apartments or townhouse facilities that are provided by or on behalf of a place of
education, which are leased on a year-round basis exclusively to graduate students
or faculty and do not contain any public use or common use areas available for
educational programming, are not subject to the transient lodging standards and
shall comply with the requirements for residential facilities in sections 233 and 809 of
the 2010 Standards (pp. 91 and 212).
The Fair Housing Act
Title VIII of the Civil Rights Act of 1968, commonly known as the Fair Housing Act, prohibits
discrimination in the sale, rental, and financing of dwellings based on race, color, religion, sex, and
national origin. In 1988, Congress passed the Fair Housing Amendments Act. The Amendments
expand coverage of Title VIII to prohibit discriminatory housing practices based on disability and
familial status.
The design requirements apply to buildings built for first occupancy after March 13, 1991, which
fall under the definition of “covered multifamily dwellings.” Covered multifamily dwellings are:
1. all dwelling units in buildings containing four or more dwelling units if such buildings have one
or more elevators, and
2. all ground floor dwelling units in other buildings containing four or more units.
(Dwelling units within a single structure separated by firewalls do not constitute separate buildings.)
To be a covered unit, all of the finished living space must be on the same floor, that is, be a single-story
unit, such as single-story townhouses, villas, or patio apartments. Multistory dwelling units are not covered
by the Guidelines except when they are located in buildings which have one or more elevators, in which
case, the primary entry level is covered.
Your "townhouses" would be covered by the Fair Housing Act, which is separate from ADA, but has some similarities.
The Fair Housing Act Design Manual can be downloaded from:
