What renovations trigger ADA compliance in other parts of the building?

[zkorange]

I'm a relatively new board member of a 48-unit co-op apartment building in Brooklyn, NY. We are planning some renovations to our building and have heard varying opinions on what kind of work triggers ADA compliance in other parts of the building.

First a description of the layout of our building:

• We have two elevators. One for the front set of apartments and one for the back.
• The two halves of our building are only reachable to each other through the lobby (and technically over the roof).
• The back elevator is the only access to the basement of the building (where trash, recycling, storage, and the super's apartment reside).
• To get to the back elevator, there is a set of about 8 steps going up from the floor of the lobby.
• To enter the building through the front entrance, there is one 6" step up from the sidewalk.

Our major renovation is to replace and modernize both elevators. In the process of doing so, we are planning to make the elevators (and call buttons) themselves completely ADA compliant.

The primary question is: When doing such a renovation to our elevators, is it required that we make the path to the elevators accessible/compliant, including the aforementioned lobby stairs and front entrance?

A secondary question: If we opt to also renovate our lobby stairs to include a small lift beside them, does this then require us to make our front entrance compliant?

In answering these questions, if you can point me to the specific law/code I can cite to the rest of the board, that would be a huge help. Thank you in advance for your guidance!

 

[redeyedfly]

Is any of the building open to the public? Not guests of residents, people with no relation to the residents. Do you have common spaces that are rented out?

What year was the building built?

 

[zkorange]

There's no public access to the building. No common spaces that get rented out.

 

[redeyedfly]

Easy answer then, ADA does not apply to your building.

 

[Yikes]

Please note that people often use the term "ADA" generically, when they really mean "whatever accessibility codes and regulations apply to my project".

The term "ADA" refers a very specific federal civil law that applies to places of public accommodation. So if you never rent out the building, and if there are no businesses in the building, and if the co-op does not have a sales or leasing office that is open to the public, then ADA does not apply.

There are other accessibility regulations besides ADA that may or may not apply.
If the existing floor area of the building was constructed for first occupancy prior to 3/13/1991, then the federal Fair Housing Act does not apply either.
Please let us know when the building was first occupied.

 

[zkorange]

Oh! Wow! Not even for the elevators themselves?

Also, I realized I didn't see your second question before: I don't know exactly when the building was built, but it was completely renovated and turned into a co-op in 1986/1987. I would guess it's originally from the 60s or earlier.

 

[Yankee Chronicler]

In general, alterations undertaken specifically to increase accessibility do not trigger additional accessibility requirements. I'm typing this from a hospital bed so I don't have access to the ADAS to look up the citation.

Of course, Brooklyn is NYC -- I don't know what NYC may require.

 

[zkorange]

Thank you all for your replies!

Is there a resource I could look at to see what NYC or New York State might require? Thank you!

 

[Yankee Chronicler]

NYC is not the same as the rest of NY State.

 

[zkorange]

NYC is not the same as the rest of NY State.

Thank you! I'm definitely aware of the difference between NYC and NY State, but sometimes there are requirements in NYC that come from both governments.

Is there any resource specific to NYC or NY State that I could reference for a definitive answer to this question?

 

[Yikes]

New York City: https://up.codes/codes/new_york_city?year=2022

New York State: https://up.codes/codes/new_york?year=2020

Federal Fair Housing Act Design Manual: https://www.huduser.gov/portal/publications/PDF/FAIRHOUSING/fairfull.pdf
Joint Statement from HUD and the DOJ regarding FHA (a Q & A document): https://www.hud.gov/sites/documents/JOINTSTATEMENT.PDF

2010 ADA Standards - https://archive.ada.gov/regs2010/2010ADAStandards/2010ADAStandards.pdf

Unfortunately, these are thousands of pages of regulations that have been developed over time. Some requirements overlap, and you have to go with whatever is most restrictive. You may need to consult a design professional and/or an attorney who looks at these for a living to get a "definitive answer".

And to be technically precise regarding a "definitive answer": since accommodating disabilities is a civil right issue subject to litigation, and because our society and the legal profession has evolving notions of what constitutes discrimination, the only way you will have a truly definitive answer is when you get sued and end up judgement from the court, with no further appeals. Everything short of a lawsuit is only a "good faith effort" at compliance.

 

[zkorange]

This is a huge help! Thank you Yikes for your thorough answer and thank you others for helping to paint the picture for me.

 

[Jean Tessmer-HI]

I'm a relatively new board member of a 48-unit co-op apartment building in Brooklyn, NY. We are planning some renovations to our building and have heard varying opinions on what kind of work triggers ADA compliance in other parts of the building.

First a description of the layout of our building:

• We have two elevators. One for the front set of apartments and one for the back.
• The two halves of our building are only reachable to each other through the lobby (and technically over the roof).
• The back elevator is the only access to the basement of the building (where trash, recycling, storage, and the super's apartment reside).
• To get to the back elevator, there is a set of about 8 steps going up from the floor of the lobby.
• To enter the building through the front entrance, there is one 6" step up from the sidewalk.

Our major renovation is to replace and modernize both elevators. In the process of doing so, we are planning to make the elevators (and call buttons) themselves completely ADA compliant.

The primary question is: When doing such a renovation to our elevators, is it required that we make the path to the elevators accessible/compliant, including the aforementioned lobby stairs and front entrance?

A secondary question: If we opt to also renovate our lobby stairs to include a small lift beside them, does this then require us to make our front entrance compliant?

In answering these questions, if you can point me to the specific law/code I can cite to the rest of the board, that would be a huge help. Thank you in advance for your guidance!

Your apartments are not covered by the ADA path of travel and the 20% do not apply unless they were built, funded, and are run by the state or county.
Assuming these are all residential apartments, now served by the new elevators means all apartments are required to comply with the Fair Housing Act Accessibility Code (FHHAA).

Seven Design and Construction Requirements​

Requirement 1. An accessible building entrance on an accessible route.
Requirement 2. Accessible common and public use areas. Parking, manager office, trash, US PO cluster boxes, recreation, exercise, pools, drinking fountains, sidewalks, etc...
Requirement 3. Usable doors (usable by a person in a wheelchair).
Requirement 4. Accessible route into and through the dwelling unit.
Requirement 5. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations.
Requirement 6. Reinforced walls in bathrooms for later installation of grab bars.
Requirement 7. Usable kitchens and bathrooms.
Your Board is also required to respond to "Reasonable Accommodation Requests" from a tenant with a disability or face a legal battle with the DOJ and FHA
For the 8 steps you will need to build a ramp that meets FHA 1986 ANSI A117.1 compliance.
For 6" rise sidewalk at the front entry needs build a curb ramp that meets FHA 1986 ANSI A117.1 compliance
All of this would have been applicable to your building if it were built on or after 1991.
You may want to look into this as a part of your boards rules, regulations, and policies for disabled tenants.