A number of questions and comments were received on what should, or should not, be considered a covered multifamily dwelling....
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Covered Multifamily Dwellings
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§100.201 Covered multifamily dwellings
Covered multifamily dwellings means buildings consisting of 4 or more dwelling units if such buildings have one or more elevators; and ground floor dwelling units in other buildings consisting...
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3.1 Q. Are condominiums covered by the Fair Housing Act?
Condominiums in covered multifamily dwellings are covered by the Fair Housing Act. The Fair Housing Act makes no distinctions based on ownership....
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Section 2. Covered multifamily dwellings
"Covered multifamily dwellings" or "covered multifamily dwellings subject to the Fair Housing Amendments" means buildings consisting of four or more dwelling units if such buildings have...
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Section 2. Adaptable dwelling units
"Adaptable dwelling units", when used with respect to covered multifamily dwellings, means dwelling units that include the features of adaptable design specified in 24 CFR 100.205(c)(2)-...
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9.1 Q. If a building was used previously for a nonresidential purpose, such as a warehouse, office building, or school, and is being converted to a multifamily dwelling, must the building meet the requirements of the Fair Housing Act?
No, the Fair Housing Act applies to covered multifamily dwellings for first occupancy after March 13, 1991, and the Fair Housing Act regulation defines first occupancy as a building that...
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Scope of Coverage
The Fair Housing Act defines "covered multifamily dwelling" to mean buildings consisting of four or more units if such buildings have one or more elevators; and ground floor units in other...
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8.1 Q. The Fair Housing Act applies to covered multifamily dwellings built for first occupancy after March 13, 1991. What is acceptable evidence of first occupancy?
The Fair Housing Act regulations provide that covered multifamily dwellings shall be deemed to be designed and constructed for first occupancy on or before March 13, 1991 (and therefore...
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2.1 Q. If a building includes three residential dwelling units and one or more commercial spaces, is the building a covered multifamily dwelling under the Fair Housing Act?
Covered multifamily dwellings are buildings consisting of four or more dwelling units, if such buildings have one or more elevators; and ground floor dwelling units in other buildings consisting...
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1.3 Q. What if the single-story dwelling units are separated by firewalls?
The Guidelines define covered multifamily dwellings to include buildings having four or more units within a single structure separated by firewalls....
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1(4) Accessible entrance
(4) Accessible entrance. An entrance that complies with ANSI 4.14 meets section 100.205(a).
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20.1 Q. If a covered multifamily dwelling has an individual, private garage which is attached to and serves only that dwelling, does the garage have to be accessible in terms of width and length?
Garages attached to and which serve only one covered multifamily dwelling are part of that dwelling unit, and are not covered by Requirement 2 of the Guidelines, which addresses accessible...
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Section 1: Dwellings Subject to the New Construction Requirements of the Fair Housing Act.
The issues addressed in this section concern the types of multifamily dwellings (or portions of such dwellings) designed and constructed for first occupancy after March 13, 1991 that must...
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Section 5 Guidelines
An accessible entrance on an accessible route; (2) accessible and usable public common use areas; (3) doors usable by a person in a wheelchair, (4) accessible route into and through the covered...
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First Occupancy
The Act states that covered multifamily dwellings subject to the Act's accessibility requirements are those that are "for first occupancy" after March 13, 1991....
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7.1 Q. Do the new construction requirements of the Fair Housing Act apply to continuing care facilities which incorporate housing, health care and other types of services?
The new construction requirements of the Fair Housing Act would apply to continuing care facilities if the facility includes at least one building with four or more dwelling units....
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Requirement 4. Accessible route into and through the covered dwelling unit.
Section 100.205(c)(3)(i) provides that all covered multifamily dwellings with a building entrance on an accessible route shall be designed and constructed in such a manner that all premises...
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Section 4. Application of the Guidelines
This section states that the design specifications that comprise the final Guidelines apply to all "covered multifamily dwellings" as defined in Section 2 of the Guidelines....
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1(1)(b) Multiple entrances
Only one entrance is required to be accessible to any one ground floor of a building, except in cases where an individual dwelling unit has a separate exterior entrance, or where the building...
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T-turn Maneuvering Space
The Guidelines adequately address the accessible route into and through the dwelling unit by the minimum corridor width and door width specifications, given typical apartment layouts....
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Minimum Clear Corridor Width
A few commenters from the disability community advocated a minimum clear corridor width of 48 inches. However, the majority of commenters on this issue had no objection to the...
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§100.205(c)(2)
(2) All the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
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(2) An accessible route into and through covered dwelling units
The final Guidelines distinguish between (i) single-story dwelling units, and (ii) multistory dwelling units in elevator buildings, and provide guidance on designing an accessible entrance...
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5.1 Q...Would the first story of single-story dwelling units over the parking level be required to be accessible?
adopt and amplify the definition of ground floor found in HUD's regulation implementing the Fair Housing Act (see 24 CFR 100.201) to indicate that . . .where the first floor containing dwelling...