Multi-Family Residential

Accessibility Considerations

• Fair Housing Act — Type B Coverage
  Fair Housing Act / 42 U.S.C. §3604
  24 CFR Part 100 / ICC A117.1 Ch. 11The Fair Housing Act requires that covered multifamily buildings — those with four or more dwelling units built after March 13, 1991 — provide units accessible to people with disabilities. In buildings with elevator service, all units must meet FHA accessibility requirements. In non-elevator buildings, all ground-floor units must meet FHA requirements. FHA accessibility is technically equivalent to A117.1 Type B unit requirements. The seven FHA design requirements address: accessible building entrance on an accessible route; accessible common and public use areas; usable doors throughout the unit; accessible route into and through the unit; accessible light switches, electrical outlets, and environmental controls; reinforced bathroom walls for future grab bar installation; and usable kitchens and bathrooms. FHA is enforced through HUD complaints and private civil litigation — enforcement does not require a construction permit or a plan review submission to trigger it.
• IBC Type A Units
  IBC §1107.6 / ICC A117.1 §1003
  ADA §233 / TAS §233IBC Chapter 11 requires Type A units in apartment buildings with more than 20 dwelling or sleeping units: 2 percent of all units, dispersed by unit type throughout the building. Type A units exceed FHA minimums. Technical requirements are in A117.1 §1003 and include an accessible route throughout all rooms and spaces of the unit, all doors at minimum 32-inch clear width, accessible kitchen with turning space and work surface clearances, and bathroom with either a roll-in shower or accessible bathtub with transfer provisions. Type A units must be dispersed among unit types proportionally — a building with studios, one-bedroom, and two-bedroom units must have Type A units in each category, not all concentrated in one type.
• IBC Type B Units
  IBC §1107 / ICC A117.1 §1004
  ADA §233 / TAS §233IBC Chapter 11 requires Type B units in all covered multifamily buildings meeting the four-unit threshold — the IBC equivalent of FHA requirements. Type B technical requirements are in A117.1 §1004. In practice, satisfying A117.1 Type B satisfies the FHA design and construction requirements, and the two are often treated as the same standard. The scoping thresholds between IBC and FHA are not always identical across all jurisdictions; both must be evaluated independently for each project to confirm the applicable threshold and coverage.
• Section 504 — Federally Assisted Projects
  Section 504 / 29 U.S.C. §794
  24 CFR Part 8 / UFAS / ADA StandardsProjects receiving federal financial assistance — including HUD grants, Section 8, HOME funds, and Low Income Housing Tax Credit (LIHTC) allocations in many states — are subject to Section 504 of the Rehabilitation Act in addition to FHA. Section 504 requires that 5 percent of units (or at least one unit) be accessible for people with mobility impairments, and that 2 percent of units (or at least one) be accessible for people with hearing or vision impairments. Section 504 "accessible" is defined by reference to Uniform Federal Accessibility Standards (UFAS) or the ADA Standards, both of which are more demanding than FHA Type B minimums in some respects. Many affordable housing developers are unaware that LIHTC transactions may trigger Section 504 depending on the funding structure and state allocation agency requirements.
• Common Areas and Amenity Spaces
  ADA §206, §227 / TAS §206, §227
  IBC §1104 / ICC A117.1 §302-305The residential unit exemption — where dwelling units are not subject to ADA as public accommodations — does not extend to common areas. Leasing offices are places of public accommodation subject to ADA Title III requirements. Amenity centers open to the public, including those used for marketing purposes or community events, are also subject to ADA. Common amenity areas serving residents — clubhouses, fitness centers, pool areas, rooftop decks, package rooms, and mail rooms — are subject to FHA common area requirements and, where state accessibility programs apply, to those requirements as well. In Texas, TAS applies to registered project amenity spaces. The division between what is covered by ADA Title III and what is covered by FHA common area requirements requires analysis on each project.
• Accessible Parking — Residential
  ADA §208.2.3 / TAS §208.2.3
  IBC §1106 / ICC A117.1 §502Residential parking is scoped differently from commercial parking. Rather than Table 208.2, §208.2.3 applies: at least one accessible parking space must serve each accessible unit, and at least one van-accessible space must be provided for every six accessible spaces. The accessible parking for each accessible unit must be on an accessible route to the unit's primary entrance. When parking is assigned, accessible spaces must be available to residents of accessible units. When parking is unassigned, accessible spaces must be provided in each type of parking available, including covered parking, surface lots, and structured parking. Visitor parking follows Table 208.2 where provided.
• Accessible Routes on Site
  ADA §206 / TAS §206
  IBC §1104 / ICC A117.1 §402Accessible routes must connect accessible parking to the accessible building entrance serving each accessible unit, connect the entrance to all accessible units and all common use areas, and on multi-building sites connect all buildings to each other and to common amenity areas. Site grades and topography are the most persistent challenge in multifamily site accessibility. Running slopes, cross slopes, surface materials, and grade break perpendicularity at driveway crossings each require evaluation. The accessible route from accessible parking to the building entrance is the single most commonly deficient element on multifamily site plans.
• Unit Interior — Type A
  ICC A117.1 §1003
  IBC §1107.6 / TAS §233Type A units require an accessible route connecting the accessible entrance to all rooms and spaces within the unit. All doors — including interior doors to bedrooms, bathrooms, and closets — must provide a minimum 32-inch clear opening. Kitchens require turning space at work areas, compliant knee and toe clearances at the sink, and accessible reach ranges to all controls and appliances. Bathrooms require either a roll-in shower with a 36-inch by 36-inch clear floor area or an accessible bathtub with compliant transfer clearance. All electrical controls, light switches, and thermostats must be within accessible reach range. Habitable rooms — living spaces, bedrooms, dining areas, and kitchens — must all be on the accessible route within the unit.
• Unit Interior — Type B and FHA
  ICC A117.1 §1004
  24 CFR Part 100 / FHA GuidelinesType B units and FHA-required units share the same technical standard. Required features: a primary entrance on an accessible route with no steps; all interior doors providing at least 32-inch clear width; an accessible route through all rooms intended for occupancy; reinforced bathroom walls to allow future grab bar installation without structural work; light switches, electrical outlets, and thermostats at accessible height; and usable kitchens and bathrooms with maneuvering space at the sink and primary cooking appliance. Type B does not require a roll-in shower, a fully turning kitchen, or accessible hardware on interior doors. Those requirements distinguish Type A. The reinforced wall requirement is frequently omitted from bathroom specifications and is difficult and expensive to correct post-construction.
• Leasing Office
  ADA §206, §227, §904 / TAS §206, §227, §904
  IBC §1108.4 / ICC A117.1 §904Leasing offices are places of public accommodation subject to full ADA Title III requirements — they are not covered by the residential exemption applicable to dwelling units. Service counters at leasing desks require an accessible section at 28 to 34 inches above the finish floor with compliant clear floor space for approach. The leasing office must be on an accessible route from accessible parking, with compliant entrance hardware, maneuvering clearances, and interior accessible routes to all public-facing areas. In Texas, the leasing office is subject to TAS as part of a registered multifamily project.
• Senior and Age-Restricted Housing
  Fair Housing Act / 42 U.S.C. §3607
  HUD 24 CFR Part 100 / Section 504Age-restricted communities operate under specific FHA provisions. 62-and-older communities may qualify for a full FHA exemption from familial status provisions, but accessibility requirements still apply. 55-and-older communities must have 80 percent of units occupied by at least one person 55 or older. Neither exemption reduces the FHA design and construction accessibility requirements for covered dwelling units. HUD-assisted senior housing is additionally subject to Section 504, which imposes the 5 percent and 2 percent accessible unit requirements. Memory care facilities and assisted living communities may trigger Accessible Unit requirements under IBC and A117.1 rather than the Type A/Type B residential framework, depending on the operational model and occupancy classification.