Are the public and common use areas of a newly constructed development that consists entirely of buildings that have no covered dwelling units required to be accessible under the Fair Housing Act?
If there are no covered multifamily dwellings on a site, then the public and common use areas of the site are not required to be accessible under the Fair Housing Act. Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines, 59 FR 33362-33368, June 28, 1994, question 13. However, the Americans with Disabilities Act (Title III) may apply to certain areas that serve the public. The Americans with Disabilities Act (Title II) may apply to housing that is operated by public entities such as state or local governments. Section 504 of the 1973 Rehabilitation Act may apply to public and common use areas of properties that are operated by entities that receive federal financial assistance. An independent determination should be made regarding whether or not the ADA or Section 504 may apply and require accessibility when the Fair Housing Act does not apply.
Related Questions
- Are the public and common use areas of a newly constructed development that consists entirely of buildings that have no covered dwelling units required to be accessible under the Fair Housing Act?
- If new covered multifamily dwellings are added to housing that was constructed before March 13, 1991 do the public or common use areas have to be retrofitted to be accessible?
- Are newly constructed buildings eligible for incentives?
