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ADAIN Blog

Interesting articles about ADA, FHA, and ABA compliance inspections by ADA Inspections Nationwide, LLC.

Posts tagged ADA Lawsuit
Question 20 About the Fair Housing Act - HUD Lawsuit for Non-Compliance

Any person or entity involved in the design and construction of an apartment or condominium building, and the owner of the building, may be named as Defendants, sued, and held liable for violations of the Fair Housing Act or Americans with Disabilities Act at the facility in a HUD lawsuit.

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Question 18 About the Fair Housing Act - Plan Reviews and Certifications

HUD is not required to review or approve builder's plans or issue certifications of compliance with the Fair Housing Act's design and construction requirements for multi-family housing. The burden of compliance rests with the person or persons who design and construct covered multifamily dwellings.

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Question 13 About the Fair Housing Act - Non-Compliance

If a builder, architect, or developer believe that a property with which they were involved is covered by the Fair Housing Act's design and construction requirements but does not comply, they should seek technical assistance from a consultant with expertise in the Fair Housing Act's design and construction requirements about a plan to correct the violations.

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Question 8 About the Fair Housing Act - Alterations or Renovations of Multi-Family Housing

Alterations, rehabilitation, or repair of covered multifamily dwellings are not covered by the FHA because the Act's design and construction requirements only apply to new construction of buildings built for first occupancy after March 13, 1991.

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Question 7 About the Fair Housing Act - Parking Spaces for Apartments

A minimum of two percent of the number of parking spaces serving covered dwelling units [apartments or condominiums] must be made accessible and they must be located on an accessible route; if different types of parking are offered, such as surface parking, garage, or covered spaces, a sufficient number of each type must be made accessible.

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Question 4 About the Fair Housing Act - Townhouses

The Fair Housing Act's design and construction requirements do not cover multistory townhouses--units that have two, three, or even four stories--unless the building has an elevator.

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Question 3 About the Fair Housing Act - Safe Harbors

HUD recognizes 15 safe harbors to meet FHA regulations to provide a range of options that—if followed in their entirety without modification or waiver—will keep residential buildings compliant with the FHA. The new safe harbors are generally aligned with the current codes (minus any local amendments to the IBC), which may make it less complicated by limiting the layers of the requirements. HUD recommends that only one safe harbor should be used for design and construction of a multi-family facility.

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Question 2 About the Fair Housing Act - 7 Requirements

The Fair Housing Act (FHA) requires seven basic requirements that must be met to comply with the access requirements of the Act. To describe these requirements in more detail, HUD published FHA Guidelines in 1991. The FHA Guidelines are one of 15 safe harbors for compliance that HUD has identified.

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Question 1 About the Fair Housing Act

The Fair Housing Act requires all "covered multifamily dwellings" designed and constructed for first occupancy after March 13, 1991 to be accessible to and usable by people with disabilities. Covered multifamily dwellings are all dwelling units in buildings containing four or more units with one or more elevators, and all ground floor units in buildings containing four or more units, without an elevator.

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Question 15 About the Fair Housing Act

The Fair Housing Amendment Act of 1988 represented a major change in housing law. Congress delayed the effective date for the access provisions until 1991 to give developers, builders, and architects more time to incorporate the new access standards into their building plans. Richard Acree provides multi-family building and facility inspections for ADA and FHA compliance.

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DOJ Sues Nebraska School District for Discrimination of Hearing Impaired Students

Failure to comply with the requirements of the ADA is a violation of a federal law. Institutions that are not pro-active with ADA compliance for facilities, policies, or procedures can be held accountable by the US DOJ. It is a violation of the ADA to force students into cluster schools only for those with impaired hearing.

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