The Americans with Disabilities Act (ADA) is a 1990 federal law that prohibits discrimination against Americans with disabilities. The law is designed to ensure that disabled individuals are provided the same opportunities available to those without disabilities. In regards to senior housing facilities, such as those funded with a HUD 232 or HUD 232/223(f) loan, ADA Standards for Accessible Design require certain buildings to comply with standard accessibility designs to allow equal access to those with disabilities.

The Fair Housing Act and the Americans With Disabilities Act also apply to multifamily properties. The Fair Housing Act mandates that all buildings with 4+ units built for first occupancy after March 13, 1991, must meet the Act's accessibility requirements. The Fair Housing Amendments Act of 1988 (FHAA) requires that apartment buildings constructed after March 13, 1991, have certain features that will make them adaptable for disabled residents. HUD created a Fair Housing Act Design Manual, which can help investors and developers determine whether a current or proposed apartment property meets Fair Housing Act Standards.

The ADA does not generally require any changes to individual apartment units, however, Title III of the Act is geared toward ensuring that any public areas in apartment buildings are accessible to individuals with disabilities. For investors or owners of subsidized properties undergoing rehabilitation, it’s also important to realize that these properties generally must follow accessible design rules established in Section 504 of the Rehabilitation Act of 1973. Specifically, these include some USDA funded-properties built during or after 1982 and HUD-financed properties built during 1988 or after. Section 504 requires that 5% of all units be disability accessible units, while 2% of the units need to accessible for the visually or hearing impaired. Common areas also need to be disability accessible for properties built before these dates. Properties built after these dates do not generally need to follow these rules unless they are undergoing substantial rehabilitation.

The Fair Housing Act mandates that all buildings with 4+ units built for first occupancy after March 13, 1991, must meet the Act's accessibility requirements. Every ground-floor unit in a building (and all units in buildings with elevators) must conform to an adaptable standard. However, "adaptable" is not the same as "accessible" (and is generally a somewhat more lenient standard). Specifically, an adaptable unit must seven specific design features, which will make it easier for a building owner/operator to make the unit accessible within a short time frame. One requirement is reinforced bathroom walls, which would permit an owner to easily install grab bars near the toilet and shower if a disabled resident were to move into the unit.

For more information, you can check out the following resources:

• HUD's Fair Housing Act Design Manual
• HUD's Fair Housing Act Accessibility Guidelines
• HUD's Fair Housing Act Question and Answer Supplement

The penalties for non-compliance with the ADA vary depending on the situation. Generally, the Department of Justice (DOJ) will issue a warning letter to the property owner or operator, and if the issue is not resolved within a certain period of time, the DOJ may file a lawsuit. In addition, the DOJ may impose civil penalties of up to $75,000 for the first violation and up to $150,000 for subsequent violations. The DOJ may also require the property owner or operator to pay the attorney's fees of the person or organization that filed the complaint.

Source: www.multifamily.loans/apartment-finance-blog/what-are-the-ada-requirements-for-multifamily-properties

ADA compliance can provide a number of benefits for commercial real estate owners. First, it can help ensure that their properties are accessible to all potential tenants, regardless of their disability status. This can help attract a larger pool of potential tenants, which can lead to higher occupancy rates and increased revenue. Additionally, ADA compliance can help protect owners from potential lawsuits and fines, as well as helping to ensure that their properties are up to code. Finally, ADA compliance can help to create a more welcoming environment for all tenants, which can lead to increased tenant satisfaction and loyalty.

For more information, please see the following sources:

• 2010 ADA Standards for Accessible Design
• Fair Housing Act Accessibility Guidelines
• HUD's Fair Housing Act Design Manual
• HUD's Fair Housing Act Question and Answer Supplement

The best practices for ADA compliance in commercial real estate depend on the type of property and the date of construction. For properties built after March 13, 1991, the Fair Housing Act requires that all buildings with 4+ units must meet the Act's accessibility requirements. This includes having certain features that will make them adaptable for disabled residents. Every ground-floor unit in a building (and all units in buildings with elevators) must conform to an adaptable standard. Additionally, for investors or owners of subsidized properties undergoing rehabilitation, Section 504 of the Rehabilitation Act of 1973 requires that 5% of all units be disability accessible units, while 2% of the units need to accessible for the visually or hearing impaired. Common areas also need to be disability accessible for properties built before these dates.

For more information, HUD created a Fair Housing Act Design Manual, which can help investors and developers determine whether a current or proposed apartment property meets Fair Housing Act Standards. Other documents that may be helpful include HUD's Fair Housing Act Accessibility Guidelines and HUD's Fair Housing Act Question and Answer Supplement.