Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation Section 35.151(f) facilities, allowing covered entities to elect Housing at a place of education to follow the residential standards contained in UFAS. Although the 2004 ADAAG con- The Department of Justice and the tains provisions for both residential facili- Department of Education share responsi- ties and transient lodging, the guidelines do bility for regulation and enforcement of the not indicate which requirements apply to ADA in postsecondary educational settings, housing provided in an educational setting, including its requirements for architectural leaving it to the adopting agencies to make features. In addition, the Department of that choice. After evaluating both sets of Housing and Urban Development (HUD) has standards, the Department concluded that enforcement responsibility for housing sub- the benefits of applying the transient lodg- ject to title II of the ADA. Housing facilities in ing standards outweighed the benefits of educational settings range from traditional applying the residential facilities standards. residence halls and dormitories to apartment Consequently, in the NPRM, the Department or townhouse-style residences. In addition proposed a new Sec. 35.151(f) that provided to title II of the ADA, public universities and that residence halls or dormitories operated schools that receive Federal financial assis- by or on behalf of places of education shall tance are also subject to section 504, which comply with the provisions of the proposed contains its own accessibility requirements standards for transient lodging, including, through the application of UFAS. Residential but not limited to, the provisions in sec- housing in an educational setting is also tions 224 and 806 of the 2004 ADAAG. covered by the FHAct, which requires newly constructed multifamily housing to include Both public and private school housing certain features of accessible and adaptable facilities have varied characteristics. College design. Covered entities subject to the ADA and university housing facilities typically pro- must always be aware of, and comply with, vide housing for up to one academic year, any other Federal statutes or regulations that but may be closed during school vacation govern the operation of residential properties. periods. In the summer, they are often used for short-term stays of one to three days, Although the 1991 Standards mention a week, or several months. Graduate and dormitories as a form of transient lodging, faculty housing is often provided year-round they do not specifically address how the ADA in the form of apartments, which may serve applies to dormitories or other types of resi- individuals or families with children. These dential housing provided in an educational housing facilities are diverse in their layout. setting. The 1991 Standards also do not Some are double-occupancy rooms with a contain any specific provisions for residential shared toilet and bathing room, which may be 20 - Guidance on 2010 Standards: Title II Department of Justice