Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation universities and schools that are recipients in the NPRM, the Department proposed of Federal financial assistance also are a new Sec. 36.406(e) that provided that subject to section 504, which contains its residence halls or dormitories operated by own accessibility requirements currently or on behalf of places of education shall through the application of UFAS. Residential comply with the provisions of the proposed housing, including housing in an educa- standards for transient lodging, includ- tional setting, is also covered by the FHAct, ing, but not limited to, the provisions in which requires newly constructed multifam- sections 224 and 806 of the 2004 ADAAG. ily housing to include certain features of accessible and adaptable design. Covered Private universities and schools covered entities subject to the ADA must always by title III as public accommodations are be aware of, and comply with, any other required to make their programs and activi- Federal statutes or regulations that govern ties accessible to persons with disabilities. the operation of residential properties. The housing facilities that they provide have varied characteristics. College and Although the 1991 Standards mention university housing facilities typically provide dormitories as a form of transient lodg- housing for up to one academic year, but ing, they do not specifically address how may be closed during school vacation peri- the ADA applies to dormitories and other ods. In the summer, they often are used types of residential housing provided in an for short-term stays of one to three days, educational setting. The 1991 Standards a week, or several months. Graduate and also do not contain any specific provisions faculty housing often is provided year-round for residential facilities, allowing covered in the form of apartments, which may serve entities to elect to follow the residential individuals or families with children. These standards contained in UFAS. Although housing facilities are diverse in their layout. the 2004 ADAAG contains provisions for Some are double-occupancy rooms with a both residential facilities and transient lodg- shared toilet and bathing room, which may ing, the guidelines do not indicate which be inside or outside the unit. Others may requirements apply to housing provided contain cluster, suite, or group arrange- in an educational setting, leaving it to the ments where several rooms are located adopting agencies to make that choice. inside a defined unit with bathing, kitchen, After evaluating both sets of standards, the and similar common facilities. In some Department concluded that the benefits of cases, these suites are indistinguishable applying the transient lodging standards in features from traditional apartments. outweighed the benefits of applying the resi- Universities may build their own hous- dential facilities standards. Consequently, ing facilities or enter into agreements with Department of Justice Guidance on 2010 Standards: Title III - 59