Guidance on the 2010 ADA Standards for Accessible Design

Section 35.151 -- Title II Regulation sections 233 and 809. These requirements adapt them at their own expense for buyers will ensure that a minimum of 5 percent of with mobility disabilities who need acces- the units, but no fewer than one unit, of the sible units. For example, features such total number of residential dwelling units will as grab bars are not required but may be be designed and constructed to be acces- added by the public entity if needed by the sible for persons with mobility disabilities. At buyer at the time of purchase and cabi- least 2 percent, but no fewer than one unit, nets under sinks may be designed to be of the total number of residential dwelling removable to allow access to the required units shall provide communication features. knee space for a forward approach. The Department recognizes that there The Department agrees with the com- are some programs (such as the one menters that covered entities may have to identified by the commenter), in which make reasonable modifications to their poli- units are not designed and constructed cies, practices, and procedures in order to until an individual buyer is identified. In ensure that when they offer pre-built acces- such cases, the public entity is still obligated sible residential units for sale, the units are to comply with the 2010 Standards. In addi- offered in a manner that gives access to tion, the public entity must ensure that pre- those units to persons with disabilities who identified buyers with mobility disabilities and need the features of the units and who are visual and hearing disabilities are afforded otherwise eligible for the housing program. the opportunity to buy the accessible units. This may be accomplished, for example, by Once the program has identified buyers who adopting preferences for accessible units need the number of accessible units man- for persons who need the features of the dated by the 2010 Standards, it may have units, holding separate lotteries for acces- to make reasonable modifications to its poli- sible units, or other suitable methods hat cies, practices, and procedures in order to result in the sale of accessible units to per- provide accessible units to other buyers sons who need the features of such units. with disabilities who request such units. In addition, the Department believes that units designed and constructed or altered The Department notes that the residen- that comply with the requirements for resi- tial facilities standards allow for construction dential facilities and are offered for sale to of units with certain features of adaptabil- individuals must be provided at the same ity. Public entities that are concerned that price as units without such features. fully accessible units are less marketable may choose to build these units to include the allowable adaptable features, and then Department of Justice Guidance on 2010 Standards: Title II - 31