ADA Requirements for Apartment Buildings: Standards and Compliance
#adarequirementsforapartments #adacompliance
Accessibility standards are something property managers, developers, and owners of apartment buildings need to understand if they want to avoid legal issues.
The Americans with Disabilities Act (ADA) includes clear regulations to ensure that people with disabilities have equal access to housing and related amenities. But what exactly constitutes an apartment in the context of the ADA?
Apartments are defined as multi-family housing units intended for residential use, comprising various living spaces such as bedrooms, kitchens, and bathrooms within a shared building or complex.
Ensuring ADA compliance in these settings not only promotes inclusivity but also aligns with federal laws, promoting safe and accessible living environments for all residents.
In this blog, we will delve into the essential ADA requirements for apartment buildings, offering a comprehensive guide to understanding and implementing these standards effectively.
We will also include a handy checklist at the end of this guide that you can use as a quick reference.
An ADA unit refers to a residential unit that is designed and constructed to comply with the accessibility standards outlined in the Americans with Disabilities Act (ADA). These units are specifically tailored to accommodate people living with disabilities, ensuring they have equal access to housing and related amenities. Key features of an ADA Unit typically include:
UFA, or Usable Floor Area, is the portion of the floor area within a building or residential unit that is available for use and occupancy.
It excludes areas that are occupied by structural elements, walls, and other features that are not accessible or usable for residents. In the context of ADA compliance and residential design, UFA is essential for ensuring that spaces are adequately designed to provide sufficient room for people with disabilities to move around and use the facilities comfortably.
Let’s get into the specifics of the requirements that apartment buildings need to meet in accordance with ADA standards.
The ADA defines accessible entrances as entry points to buildings or facilities that are designed and constructed to be accessible to disabled residents.
These entrances must be free of barriers that would prevent or hinder access for people using wheelchairs, mobility aids, or those with other physical limitations.
Apartment buildings must meet several specific requirements to ensure their entrances are accessible:
Usable doors are designed and constructed to be accessible to and usable by people with disabilities. These doors must allow for easy operation, provide sufficient clearance, and be free of barriers that could restrict access. Usable doors benefit apartment residents with mobility, visual, and dexterity issues.
Here are the requirements that apartment buildings need to meet in relation to doors:
Reachable light switches, thermostats, and electrical outlets are controls and devices that are positioned within accessible reach ranges for residents with disabilities.
To comply with ADA standards, apartment buildings must ensure that light switches, thermostats, and electrical outlets are installed according to the following specifications:
The ADA requires reinforcements for walls to accommodate grab bars. These reinforcements must be strong enough to support the weight and force exerted by someone using the grab bars for support and stability. This is particularly important for residents with mobility impairments as well as those who struggle with balance.
Here are the specifics for wall reinforcements as outlined in the ADA:
Apartment kitchens and bathrooms must be designed and constructed to be accessible to residents with disabilities. This includes ensuring that these areas have features that accommodate the needs of people using wheelchairs or those with other mobility impairments, as well as those with limited reach and dexterity.
Elevators are required in apartment buildings to ensure that all floors of a building are reachable by residents and visitors using wheelchairs or those with other mobility impairments.
To comply with ADA standards, apartment buildings must meet specific requirements for elevators:
Drinking fountains are commonly found in apartment buildings, which is why the ADA also covers standards for them. Drinking fountains must be accessible to residents and visitors who use wheelchairs and those who have difficulty bending or reaching.
Should an apartment building have vending machines, accommodations need to be made for residents and visitors with various disabilities.
To comply with ADA standards, apartment buildings must meet specific requirements for vending machines:
Apartment buildings that offer laundry room facilities will need to ensure that any disabled residents have unrestricted access.
Here are the ADA requirements that need to be met for laundry facilities:
The ADA defines common areas in apartment buildings as spaces that are shared by all residents and visitors. These areas can include lobbies, hallways, laundry rooms, recreational facilities, mailrooms, and other communal spaces. The definition emphasizes that these spaces must be accessible to people with disabilities, ensuring equal access and usability.
To comply with ADA standards, apartment buildings must meet specific requirements for common areas:
Apartment buildings must provide accessible parking spaces for visitors and residents. These parking spaces must be located on an accessible route to the building entrance and designed to ensure that people with disabilities can safely and conveniently access their vehicles and the apartment building.
Here are the ADA requirements for parking lots that apartment building owners need to be aware of:
There are a number of ADA requirements that developers and owners of apartment buildings need to meet, but they’re all for a good reason. Adhering to these standards ensures you’re creating a more accessible and inclusive living space for residents and their visitors. It also ensures you can steer clear of costly accessibility lawsuits.
Click here to download the ADA Requirements for Apartment Buildings checklist here for easy reference.
Yes, apartments must comply with the Americans with Disabilities Act (ADA) to a certain extent, particularly in terms of common areas and facilities, as well as ensuring accessibility for people with disabilities. However, it is important to note that ADA compliance specifically applies to public accommodations and commercial facilities. For residential buildings, other laws such as the Fair Housing Act (FHA) play a significant role in dictating accessibility requirements.
The number of ADA units required in an apartment building is governed by the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). However, while the ADA primarily applies to public accommodations and commercial facilities, the FHA addresses accessibility in residential housing. For buildings with four or more units built for first occupancy after March 13, 1991, the FHA requires that most ADA requirements be met.
Hi Eritha,
Properties constructed before the ADA (Americans with Disabilities Act) and the Fair Housing Act (FH) may not be obligated to adhere to all accessibility standards. However, if they are being renovated or significantly updated, they might have to comply with certain accessibility requirements. It’s advisable to consult local housing authorities or legal experts to clarify the specific obligations for the Indian Hills senior community apartments.
Hi Eritha,
It looks like you’ll need to adjust your apartment door threshold for improved wheelchair access. One possibility is to install a threshold ramp to bridge the gap between the door and the floor; these ramps come in various heights and lengths to meet your requirements. Alternatively, you might consider modifying the threshold itself by lowering it or switching to a flush design for easier entry. Also, try to check for local organizations or government programs that offer support for home accessibility modifications, as they may provide financial aid or installation services.
Hi James,
Yes, a fire authority or other local government agency can require an apartment complex to update or replace an elevator if it is deemed out of date, frequently breaking down, or not compliant with the Americans with Disabilities Act (ADA) standards.
Elevators in multi-story buildings must meet safety and accessibility standards, and if an inspection reveals that the existing elevator poses safety risks or fails to accommodate individuals with disabilities, the authority can issue orders for repairs, upgrades, or replacements.
It’s also important for the apartment complex to comply with local building codes and regulations, which may include provisions for accessibility. If you’re concerned about a specific situation, it may be helpful to consult with a local legal expert or the appropriate regulatory agency for more information.
Hi Mike,
An apartment can only deny you the right to leave your walker in the common area if it conflicts with local laws or building policies. Under laws like the ADA, tenants with disabilities can request reasonable accommodations, such as leaving mobility aids in shared spaces, but safety regulations may also apply. If needed, submit a formal written request for accommodation to your landlord or property management.
Hi Amy,
Under the Americans with Disabilities Act (ADA), individuals with disabilities are entitled to reasonable accommodations in housing. This may include requesting a transfer to a downstairs unit if living upstairs creates challenges to living comfortably and safely. You can formally request this accommodation in writing, specifically asking for the transfer to a downstairs unit under the Fair Housing Act (FHA), which protects individuals with disabilities in rental housing. The FHA mandates that landlords provide reasonable accommodations to ensure that people with disabilities can fully enjoy their housing.
I live in a handicapped apartment unit and the handicapped parking space is outside my door. Other people here who do not live in a HU think they can park in my space. The apartment manager said it’s first come, first served, and any of the other tenants can park in my space, even though I’m the one who lives in the handicapped unit because of multiple disabilities. What does the law say, please? Thank you!
Hi Bann,
The ADA ensures that handicapped parking spaces are for individuals with disabilities who have a valid permit. However, the issue you’re facing is about parking space assignment, which can vary by local laws or apartment rules. Some places require that handicapped spaces be reserved for specific residents, especially if it’s part of a housing accommodation for a tenant with disabilities.
My four story apartment building accepts HUD Section 8 tenants. The elevator has been out of service since this June (2024). This is the third time in three years the elevator’s been out of service for more than 4 months.
The elevator company told the apartment owners the elevator is obsolete and parts are near impossible to get. The apartment owners claim they have no money to buy a new elevator.
But this very summer the apartment owners bought a $2.3m children’s day camp in the country and turned it into a wedding venue!
In my apartment building there’s a 78 yo woman with only one leg. She has a prosthetic for the amputated leg but she’s too frail to walk with it. She’s not been out of the building since the elevator broke. She’s a prisoner in her tiny studio apartment.
ADA wouldn’t accept my complaint on her behalf! My neighbor has a bit of dementia. She doesn’t possess the ability to navigate the ADA online complaint process.
WHAT CAN I DO TO GET THE OWNERS TO FIX THE ELEVATOR??
Also, besides all this, the apartment building is totally non-ADA compliant with respect to ADA requirements!
WHAT CAN I DO TO GET THE OWNERS TO COMPLY WITH ALL ADA RULES/REGS?
THANK YOU FOR LETTING ME ASK THESE QUESTIONS!!!
Hi Harry,
I’m sorry to hear about the challenges you’re facing with accessibility in your apartment building. You can file a Fair Housing Complaint with HUD, as the Fair Housing Act protects against disability discrimination in housing. In your complaint, explain how the broken elevator is preventing residents with mobility issues from accessing their apartments, violating their rights. If HUD doesn’t act quickly, contact your state or local fair housing agency, as many have stronger protections for people with disabilities.
Thank you so much. I have found a lot of good information that I have been looking for today. But what I didn’t find is a n ADA rule against Tenants decorating the Hand Rails in the Hallways outside their apartment as well as placing items outside their door.
I myself have had to use the Hand Rails on my floor after coming from the Hospital over the years. The more I tell my Managers; they still allowed the Tenants to decorate the Hand Rails in the Hallways outside their apartment! I am a fall risk!
These Tenants (some) have put tacks in the Hand Rails to hold their decorations in place. This is a Government funded building; where the Government pays most of our Rent. The building is for Elderly, Seniors and Disabled People.
I’m going to address this matter again with our new Manager, because this is a dangerous situation for anyone to hit their hand on on of those Tacs/Nails.
Hi Tanterrian,
I understand your concern, and it’s important to address safety issues, especially in a building with elderly and disabled tenants. While the ADA doesn’t directly address decorating handrails, it does require common areas to be safe and accessible. Tenants adding tacks or nails to the handrails can create hazards, especially for those at risk of falling or with mobility issues. This could violate the building’s responsibility to keep spaces safe. It’s a good idea to raise this with your new manager and mention the ADA guidelines, highlighting the risk these decorations pose to tenants relying on the rails for support. Hope this helps.
I live in a senior and disabled housing unit. The require those who.own vehicles to alternate parking. Example when plow comes you are to move your vehicle to side b. After side a is cleaned you have to move to side b. There are no handicapped parking on side b and you must walk 40 feet across a slightly sloped parking lot to accomplish this task. We GWT a substantial amount of snow in winter when this action is required. It seems there should be a practical solution to this. The parking lot slips for drinage
Hi Nancy,
It sounds like a tough situation, especially with mobility challenges and the weather. Moving your vehicle with no handicapped spaces on side B and having to walk 40 feet across a sloped lot is inconvenient and unsafe. You might want to contact the housing management to request an accommodation. Since you live in a senior and disabled unit, they may need to make adjustments, like reserving a handicapped spot on side B or allowing you to keep your car in a designated area during snow removal. Hope this helps.
Sincerely,
Tina
The Accessibility Checker team
Hi Clayton,
Yes, there are several programs and grants that can help with the cost of installing ramps and making home modifications for accessibility. These are often available to people with disabilities, seniors, or those with medical conditions. Veterans with disabilities may qualify for home modification grants through the Department of Veterans Affairs. Additionally, some states offer funding for home modifications, so it’s a good idea to check with your state’s vocational rehabilitation office to see what’s available locally. I hope you find this information useful.
Hi Clayton,
Yes, there are several federal programs and grants that can help with home renovations, especially for accessibility needs. Many states offer funding for home modifications, like ramps or other accessibility improvements, through Medicaid’s HCBS Waiver. It’s also a good idea to reach out to your local housing authority or disability services office to ask about any available programs in your area. Hope this information helps.
