Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation when there are transitions from sidewalk to The 2010 Standards contain scoping and road surface that do not technically qualify technical standards for residential dwell- as “curb ramps’’ (sloped surfaces that have ing units. However, section 233.3.2 of the a running slope that exceed 5 percent). 2010 Standards specifically defers to the Therefore, the Department has decided not Department and to HUD, the standard-setting to delete the phrase “other sloped areas.’’ agency under the ABA, to decide the appro- priate scoping for those residential dwelling Section 35.151(j) units built by or on behalf of public entities Residential housing for sale to with the intent that the finished units will be individual owners sold to individual owners. These programs include, for example, HUD’s public housing Although public entities that operate resi- and HOME programs as well as State-funded dential housing programs are subject to title programs to construct units for sale to indi- II of the ADA, and therefore must provide viduals. In the NPRM, the Department did accessible residential housing, the 1991 not make a specific proposal for this scop- Standards did not contain scoping or tech- ing. Instead, the Department stated that after nical standards that specifically applied to consultation and coordination with HUD, residential housing units. As a result, under the Department would make a determina- the Department’s title II regulation, these tion in the final rule. The Department also agencies had the choice of complying with sought public comment on this issue stat- UFAS, which contains specific scoping and ing that “[t]he Department would welcome technical standards for residential hous- recommendations from individuals with ing units, or applying the ADAAG transient disabilities, public housing authorities, and lodging standards to their housing. Neither other interested parties that have experi- UFAS nor the 1991 Standards distinguish ence with these programs. Please comment between residential housing provided for on the appropriate scoping for residential rent and those provided for sale to individual dwelling units built by or on behalf of pub- owners. Thus, under the 1991 title II regula- lic entities with the intent that the finished tion, public entities that construct residential units will be sold to individual owners.’’ housing units to be sold to individual owners 73 FR 34466, 34492 (June 17, 2008). must ensure that some of those units are accessible. This requirement is in addition All of the public comments received by to any accessibility requirements imposed the Department in response to this question on housing programs operated by public were supportive of the Department’s ensuring entities that receive Federal financial assis- that the residential standards apply to hous- tance from Federal agencies such as HUD. ing built on behalf of public entities with the Department of Justice Guidance on 2010 Standards: Title II - 29