Project and Contact Information

1.  Are Federal /HUD funds designated for this project? (HOME, CDBG, HOPWA, etc.)  [ ] YES [ ] NO

2.  Does this project include five (5) or more residential dwelling units?   [ ] YES [ ] NO

3.  Does this project involve new construction [ ] and/or renovation [ ] ?

4.  Account for all units, and number of accessible units by type:

5.  If an existing building, are alterations required to meet 504/UFAS standards? [ ] YES [ ] NO

[NOTE: See attached instructions to determine if alterations are required]

6.  Describe the rehabilitation work to achieve compliance. (Attach additional page for lengthy answer or additional documentation.)

7.  If this is rehabilitation on an existing facility, identify physical obstacles in the project and facility that limit the accessibility of programs or activities to individuals with handicaps. (Attach additional page for lengthy answer or additional documentation.)

8.  Describe, in detail, the methods that will be used to make the facility(s) accessible. (Attach additional page for lengthy answer or additional documentation.)

9.  For rehabilitation of an existing facility, specify the schedule for taking the steps necessary to achieve compliance with Section 24 CFR Part 8 and the UFAS Criteria. (Attach additional page for lengthy answer or additional documentation.)

[NOTE: See attached definitions pertaining to Section 24 CRF Part 8 to determine appropriate schedule]

10.  This project will comply with the Seven Basic Design and Construction Requirements of the Fair Housing Act. [ ] YES [ ] NO

[NOTE: See attached Instructions for these requirements]

11.  This project will comply with the HUD Safe Harbors for Design and Construction. [ ] YES [ ] NO

[NOTE: See attached Instructions for these requirements]

1.  General Instructions

a.  In accordance with PHB and PDC funding criteria and as required by HUD, this form is used for each housing project funded with any HUD Federal funds to assure compliance with Section 504 Uniform Federal Accessibility Standards (UFAS) requirements.

b.  ALL Housing projects with 5 or more units must meet criteria established in 24 CFR Part 8. 5% of all units, but not less than 1 shall be made to meet these criteria. In addition, 2% of all units, but not less than 1, shall be made to meet hearing and vision impaired UFAS criteria. This 2% is IN ADDITION to the 5% Accessible Units. When Federal Funds are applied to a renovation, this criterion is applicable if investment expended is equal to or greater than 75% of the total replacement cost for the project. When less than 75%, then the determination will be based upon the areas being modified during the remodel. (Please see Item Number 3 (below) for 24 CFR Part 8 Definitions.)

c.  The UFAS Section 4.34 Dwelling Units is the primary guide to meet these criteria. The entire UFAS guide applies when determining all space design standards which include both residences and common areas. The ANSI A117.1 standard is included within UFAS. In addition, the ADA criteria, TITLE III is to be included when addressing the design of parking lots, leasing, rental, and sales offices.

d.  Residential units are to meet the Fair Housing Act as defined in the Federal Register and enforced by the Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section.

e.  HUD works in conjunction with the FAIR HOUSING ACCESSIBILITY FIRST Association. They provide Fair Housing Instruction, Resources, Support, and Technical Guidance. They may be contacted through: Additional local connections are also provided.

•  www.fairhousingfirst.org

•  www.huduser.org/publications/destech/fairhousing.html

•  1-888-341-7781

•  1990 UFAS Guidelines

•  ADA National Network Document Portal

•  www.housingconnections.org

•  http://www.rhagp.org/smokefree.asp

•  Portland Housing Special Needs Committee Report 2003

2.  504 / Uniform Federal Accessibility Standards

a.  Section 504 requires application of Uniform Federal Accessibility Standards (UFAS) if substantial alterations are made on a project with 15 or more units.

b.  Section 504 applies if the cost of alterations is 75% or more of the replacement cost of the completed facility. When this level of alterations occurs, then all areas of UFAS will be applicable.

c.  If there are fewer than 15 units or the cost of alterations is less than 75% of the replacement cost, then alterations to the units, to the maximum extent possible and feasible, are to be made. If alterations to single elements or spaces of a dwelling unit, when considered together, amount to an alteration of a dwelling unit, the entire unit shall be made accessible. This applies to the following areas of a dwelling unit:

•  Renovation of whole kitchens, or at least replacement of kitchen cabinets.

•  Renovation of the bathroom.

•  If a bathtub or shower is replaced or added, or a toilet and flooring is replaced, then at least 5% or one (1) unit shall be made accessible. (Depending upon the total number of units renovated)

d.  When the entire unit is not being altered, 100% of the single elements being altered must be made accessible until 5%, or at least one (1) unit in the development, is accessible.

e.  Section 504 requires 5% of the dwelling units, or at least one (1) unit, to meet UFAS. The criteria address meeting the needs for persons with mobility disabilities. An additional 2% of the dwelling units, or at least one unit (whichever is greater) must be accessible for persons with hearing or visual disabilities.

f.  Section 504 defines an accessible dwelling unit as a unit that is located on an accessible route and can be approached, entered, and used by individuals with physical disabilities. This includes public and common areas of a housing site. Every effort must be made to provide all unit types on all floors and locations of the site readily adaptable and / or accessible.

g.  Alterations to existing facilities must, to the maximum extent feasible, be made accessible to ensure that such facilities are readily accessible to and usable by persons with disabilities. Units which are accessible and/or adaptable must first be provided to those individuals with disabilities who need the features of those units. The unit is to be first offered to a qualified individual(s) who currently reside in the same in a non-accessible unit in the same project or comparable project under the same operation. If there are no such persons currently residing in the housing project, then an offer is to be made to the next available qualified individual(s) with disabilities on waiting list. Non-disabled applicants shall be passed over until all disabled prospective tenants have been notified of the accessible unit’s availability.

h.  Renovations for adaptability and/or accessibility are not required if making these alterations have little likelihood of being accomplished without removing or altering a load – bearing structural member.

3.  24 CFR Part 8 Definitions

a.  Accessible means that the unit is located on an accessible route, and when designed, constructed, or altered or adapted can be approached, entered, and used by individuals with physical handicaps.

b.  Accessible Route means a continuous, unobstructed path connecting accessible elements and spaces in a building or facility that complies with the space requirements of applicable Uniform Federal Accessibility Standards (UFAS) Standards. An accessible route that serves only accessible units occupied by persons with hearing or vision impairments need not comply with those requirements intended to effect accessibility for persons with mobility impairments.

c.  Adaptability means the ability of certain elements of a dwelling unit, such as kitchen counters, sinks, and grab bars to be added to, raised, lowered, or otherwise altered, to accommodate the needs of persons with or without handicaps, or to accommodate the needs of persons with different types or degrees of disability. In a unit adaptable for a hearing impaired person, the wiring for visible emergency alarms may be installed but the alarms need not be installed until such time as the unit is made ready for occupancy by a hearing impaired person.

d.  Alteration means any change in a facility or its permanent fixtures or equipment. It includes, but is not limited to,

i.  Remodeling

ii.  Renovation

iii.  Rehabilitation

iv.  Reconstruction

v.  Changes or rearrangements in structural parts and extraordinary repairs. Alteration does not include normal maintenance or repairs, reproofing, interior decoration, or changes to the mechanical systems.

e.  Facility means all or any portion of buildings, structures, equipment, roads, sidewalks, parking lots, or other real or personal property or interest in the property which is a component of the Federal Funding.

f.  Project means the whole of one or more residential structures and appurtenant structures, equipment, roads, sidewalks, parking lots, and spaces such as common areas, laundry facilities, management office(s), and exercise facilities covered by a single contract for Federal Financial assistance or application for assistance, or are treated as a whole for processing purposes, whether or not located on a common site.

g.  Multi-Family Housing Project means a project/facility containing five or more dwelling units.

4.  Replacement Cost of the Completed Facility means the current cost of construction and equipment for a newly constructed or remodeled housing facility. Construction and equipment costs do not include the cost of land, demolition, site improvements, non-dwelling facilities, and administrative or “soft” costs for project development activities.

5.  Fair Housing Act - Seven Basic Design and Construction Requirements:

a.  First Requirement: An Accessible Building on an Accessible Route.

b.  Second Requirement: Accessible Common and Public Use Areas.

c.  Third Requirement: Usable Doors (By a Person in a Wheelchair.)

d.  Fourth Requirement: Accessible Route Into and Through the Dwelling Unit.

e.  Fifth Requirement: Light Switches, Electrical Outlets, Thermostats, and Other Environmental Controls in Accessible Locations.

f.  Sixth Requirement: Reinforced Walls in All bathrooms for Later Installation of Grab Bars.

g.  Seventh Requirement: Usable Kitchens and Bathrooms.

h.  The Fair Housing Act applies to all multi-family dwelling units designed and constructed after March 13, 1991.

i.  The Dwelling Unit includes:

1)  A single-family unit in buildings with four or more units.

2)  An apartment.

3)  A room in which people sleep even if they share kitchens or bathrooms, like transitional housing.

4)  All dwelling units in buildings containing four or more dwelling units if the buildings have one or more elevators AND

5)  All ground floor units in other buildings containing four or more units without an elevator.

6)  Apartment Buildings, Condominiums, are covered by the Design and Construction Requirements.

7)  Dormitories, Transitional Housing, Assisted Living Housing, and Homeless Shelters are also covered by these Design and Construction Requirements.

6.  Ten (10) ‘Safe Harbors’ For Design and Construction Compliance:

a.  HUD recognizes ten safe harbors for compliance with the Fair Housing Act's design and construction requirements. Although they have overlap, it is advised to not randomly select sections from multiple criteria. They are:

1)  HUD Fair Housing Accessibility Guidelines published on March 6, 1991 and the Supplemental Notice to Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines, published on June 28, 1994.

2)  HUD Fair Housing Act Design Manual

3)  ANSI A117.1 (1986), used with the FAIR HOUSING ACT, HUD's regulations, and the Guidelines.

4)  CABO / ANSI A117.1 Standard Technical Report (1992 - with Addendums), used with the Fair Housing Act, HUD's regulations, and the Guidelines.

5)  ICC / ANSI A117.1 (1998) With HUD References used with the Fair Housing Act, HUD's regulations, and the Guidelines.

6)  ADA Build -it - Right Codes and Specifications (Includes ICC/ADAAG/US Dept. of Justice/Fair Housing)

7)  ICC Building Codes with Current Amendments with one condition*.

* "ICC interprets Section 1104.1, and specifically, the exception to Section 1104.1, to be read together with Section 1107.4, and that the Code requires an accessible pedestrian route from site arrival points to accessible building entrances, unless site impracticality applies. Exception 1 to Section 1107.4 is not applicable to site arrival points for any Type B dwelling units because site impracticality is addressed under Section 1107.7."

8)  International Code Council (ICC) with Errata Central links to edits and notifications

9)  ADA Standards for Accessible Design 2010. (Updated from 1991 Standards)

b.  With Regard to the elevator design, not all of the above mentioned safe harbors include the necessary criteria. The following are base guidelines for elevator design and operation:

1)  The elevator operation must be automatic. ICC/ANSI A117.1 (1998), Section 1002.7.1.

2)  The elevator car must contain a 30-inch by 48-inch minimum clear floor space. ICC/ANSI A117.1 (1998), Section 1002.7.4.

3)  Elevator call and control buttons must be within ANSI reach ranges. ICC/ANSI A117.1 (1998), Section 1002.7.2 and 1002.7.7.

4)  Elevators must contain emergency communication devices. ICC/ANSI A117.1 (1998), Section 1002.7.8.

5)  ICC Elevators and Egress Report - 2007