Accessible housing is the law! Be on the lookout for violations.

By Nick Adjami
January 6, 2025

Research shows that less than 5% of housing in the U.S. is accessible to people with disabilities. This is a crisis for the 26% of Americans who have a disability. It is also a crisis for the 88% of Americans who would prefer to age in their own home or with loved ones, as opposed to in a nursing home. Their ability to age in place may depend on the accessibility of their home. 

Thankfully, there are laws in place to ensure that new-construction multifamily housing meets a baseline level of accessibility. The Fair Housing Act (FHA) is one of those laws. It applies to any multifamily dwelling with four or more units constructed for first occupancy on or after March 13, 1991. The Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 also outline minimum requirements for accessible design and construction. Together, these standards seek to increase the availability of accessible homes for people with disabilities. 

This blog seeks to educate people with disabilities about the FHA’s requirements so they can identify and report possible violations. The Fair Housing Act Design Manual is a resource created by the U.S. Department of Housing and Urban Development (HUD) that provides guidance on how to design and construct housing that complies with the Fair Housing Act. It lays out seven key requirements: 

1. Accessible building entrance on an accessible route: This requirement ensures that people with disabilities can use the building’s main entrance and reach all community amenities like laundry rooms and clubhouses. 
2. Accessible and usable common and public use areas: Once the person with a disability has reached the amenity, it is equally important that they be able to use it. Shared spaces like laundry rooms, swimming pools, fitness centers, parking garages, mailboxes, and common-area restrooms must be accessible to people with disabilities. 
3. Usable doors: Usable doors are key to ensuring people with disabilities can access all parts of their home, including bedrooms, bathrooms, and patios. The door width and direction of swing are key factors for this. 
4. Accessible route into and through the covered dwelling unit: The home must contain an accessible route that leads from the main entry door through each room and connects to all spaces and elements within the unit. 
5. Light switches, electrical outlets, thermostats and environmental controls in accessible locations: Generally, these features must be located not too low and not too high on a wall, with a clear floor space in front. 
6. Reinforced walls for grab bars: Homes are not required to have grab bars, but bathroom walls must be reinforced so that if the tenant or owner wishes, they can be installed. 
7. Usable kitchens and bathrooms: Criteria for kitchens and bathrooms include clear floor space at fixtures like sinks and stoves so people with disabilities can reach and use them. 

Housing that fails to meet one or more of these standards, as described in the manual, may be in violation of the Fair Housing Act. Despite these rules being in place for decades, violations do still occur, creating serious barriers for people with disabilities. 

If you suspect that the property you live in, are interested in renting, or considering buying in the Greater Washington, D.C. region might not be in compliance with the FHA, you can contact the Equal Rights Center. We may be able to intervene to hold the developer accountable and improve the building’s accessibility. Call 202-234-3062 or email info@equalrightscenter.org. 

The ERC also provides resources for developers, including our Fair Housing Act Checklist and Multifamily Housing Resource Program. 

———

The Equal Rights Center (ERC) — a national non-profit organization — is a civil rights organization that identifies and seeks to eliminate unlawful and unfair discrimination in housing, employment and public accommodations in its home community of Greater Washington DC and nationwide. The ERC’s core strategy for identifying unlawful and unfair discrimination is civil rights testing. When the ERC identifies discrimination, it seeks to eliminate it through the use of testing data to educate the public and business community, support policy advocacy, conduct compliance testing and training, and, if necessary, take enforcement action. For more information, please visit www.equalrightscenter.org.