Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation intent that the finished units would be sold to disabilities. This commenter encouraged the individual owners. The vast majority of com- Department to make sure that accessible menters recommended that the Department for-sale units built or funded by public enti- require that projects consisting of five or more ties are placed in a separate lottery restricted units, whether or not the units are located to income-eligible persons with disabilities. on one or multiple locations, comply with the 2004 ADAAG requirements for scoping Two commenters recommended that the of residential units, which require that 5 per- Department develop rules for four types cent, and no fewer than one, of the dwelling of for-sale projects: single family pre-built units provide mobility features, and that 2 (where buyer selects the unit after construc- percent, and no fewer than one, of the dwell- tion), single family post-built (where the buyer ing units provide communication features. chooses the model prior to its construction), See 2004 ADAAG Section 233.3. These multi-family pre-built, and multi-family post- commenters argued that the Department built. These commenters recommended that should not defer to HUD because HUD has the Department require pre-built units to not yet adopted the 2004 ADAAG and there comply with the 2004 ADAAG 233.1 scoping is ambiguity on the scope of coverage of requirements. For post-built units, the com- pre-built for sale units under HUD’s current menters recommended that the Department section 504 regulations. In addition, these require all models to have an alternate commenters expressed concern that HUD’s design with mobility features and an alter- current regulation, 24 CFR 8.29, presumes nate design with communications features that a prospective buyer is identified before in compliance with 2004 ADAAG. Accessible design and construction begins so that dis- models should be available at no extra cost ability features can be incorporated prior to the buyer. One commenter recommended to construction. These commenters stated that, in addition to required fully accessible that State and Federally funded homeown- units, all ground floor units should be read- ership programs typically do not identify ily convertible for accessibility or for sensory prospective buyers before construction has impairments technology enhancements. commenced. One commenter stated that, in its experience, when public entities build The Department believes that consistent accessible for-sale units, they often sell with existing requirements under title II, hous- these units through a lottery system that ing programs operated by public entities does not make any effort to match persons that design and construct or alter residential who need the accessible features with the units for sale to individual owners should units that have those features. Thus, acces- comply with the 2010 Standards, including sible units are often sold to persons without the requirements for residential facilities in 30 - Guidance on 2010 Standards: Title II Department of Justice