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Must an accessible route between public and common use areas and dwelling units be an interior route if the general circulation path is interior?

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Must an accessible route between public and common use areas and dwelling units be an interior route if the general circulation path is interior?

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An accessible route between public and common use areas and dwellings may be interior or exterior. However, if the general circulation path is interior, it would not be appropriate to provide only an exterior accessible route for persons with disabilities. The Guidelines require equitable use of covered multifamily dwellings for persons with disabilities and require public and common use areas to be “readily accessible to and usable by” persons with disabilities. Requiring persons with disabilities to go outside of a building to access a public and common use area when persons without disabilities are not required to do so is not consistent with these provisions. Further, the Fair Housing Act prohibits providing housing to persons with disabilities on different terms and conditions. Requiring persons with disabilities to travel outside while persons without disabilities travel inside would be a different term or condition of housing.

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