(See the discussion of townhouses in the preamble to the Guidelines under Section 2--Definitions [Covered Multifamily Dwellings] at 56 FR 9481, March 6, 1991, or 24 CFR Ch. I, Subch....
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1.1 Q. Are townhouses in non-elevator buildings which have individual exterior entrances required to be accessible?
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§100.5(c)
(c) Nothing in this part relieves persons participating in a Federal or Federally-assisted program or activity from other requirements applicable to buildings and dwellings....
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4(1)
(1) A minimum clear width of 36 inches is provided.
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Section 4. Application of the Guidelines
The design specifications (guidelines) presented in Section 5 apply to new construction of "covered multifamily dwellings", as defined in Section 2....
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10.2 Q. Does the route leading from inside a private attached garage to the dwelling unit have to be accessible?
Under Requirement 1 of the Guidelines, there must be an accessible entrance to the dwelling unit on an accessible route....
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15.1 Q. If a covered multifamily dwelling has public telephones in the lobby, what are the requirements for accessibility for these telephones?
A. The requirements governing public telephones are found in Item #14, Common use spaces and facilities, in the chart under Requirement 2 of the Guidelines. While the chart does not...
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(d) Outside surface at entry door
The final Guidelines also provide that at the primary entry door to a dwelling units with direct exterior access, outside landing surfaces constructed of impervious materials such as concrete...
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6.1 Q...do the dwelling units on both the first and second stories have to be made accessible?
Each story becomes a ground floor and the dwelling units on that story must meet the accessibility requirements of the Act....
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Requirement 3. Usable doors.
Section 100.205(c)(2) provides that covered multifamily dwellings with a building entrance on an accessible route shall be designed in such a manner that all the doors designed to allow...
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Enforcement Mechanisms
In the proposed guidelines, the Department solicited public comment on effective enforcement mechanisms (55 FR 24383-24384). Specifically, the Department requested comment on the...
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1. Accessible route(s)
On-grade walks or paths between separate buildings with covered multifamily dwellings, while not required, should be accessible unless the slope of finish grade exceeds 8.33% at any point...
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Requirement 1. Accessible building entrance on an accessible route.
Under section 100.205(a), covered multifamily dwellings shall be designed and constructed to have at least one building entrance on an accessible route, unless it is impractical to do so...
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§100.205(i)
(i) This subpart does not invalidate or limit any law of a State or political subdivision of a State that requires dwellings to be designed and constructed in a manner that affords handicapped...
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Fair Housing Act
The prohibitions specifically cover discrimination because of race, color, national origin, religion, sex, disability and the presence of children....
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3. Discussion of Comments on Related Fair Housing Issues Compliance Deadline
Section 100.205(a) provides that covered multifamily dwellings shall be deemed to be designed and constructed for first occupancy on or before March 13, 1991 (and, therefore, exempt from...
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Guidelines for Requirement 3
The Guidelines provide separate guidance for (1) doors that are part of an accessible route in the public and common use areas of multifamily dwellings, including entry doors to individual...
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5.2 Q. If a building design contains a mix of single-story flats on grade and single-story flats located above grade over a public parking area, do the flats over the parking area have to be accessible?
In the example in the above question, because some single-story flats are situated on grade, these flats would be the ground floor dwelling units and would be required to be accessible....
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II. Statutory and Regulatory Background
As amended, Section 804(f)(3)(C) of the Act provides that unlawful discrimination includes a failure to design and construct covered multifamily dwellings for first occupancy after March...
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Fair Housing Act Design Manual
The Manual provides direct information about the accessibility requirements of the Act which must be incorporated into the design and construction of multifamily housing covered by the Act...
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1(1)(a) Separate ground floor unit entrances
(a) Separate ground floor unit entrances. When a ground floor unit of a building has a separate entrance, each such ground floor unit shall be served by an accessible route, except...
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§100.205(g)
(g)
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13.1 Q. Are the public and common use areas of a newly constructed development that consists entirely of buildings having four or more multistory townhouses, with no elevators, required to be accessible?
The Fair Housing Act applies only to new construction of covered multifamily dwellings....
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14.4 Q. If a covered multifamily dwelling has a below grade common use parking garage, is there a requirement for a vertical clearance to allow vans to park?
A. This issue was addressed in the preamble to the Guidelines, but continues to be a frequently asked question. (See the preamble to the Guidelines under the discussion of Section...
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1(5) Accessible route
If the slope of the finished grade between covered multifamily dwellings and a public or common use facility (including parking) exceeds 8.33%, or where other physical barriers (natural...