Fair Housing
Accessible Housing Design & Construction
Accessibility requirements for covered multifamily housing, including routes, entrances, doors, controls, kitchens, bathrooms, and common areas.
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The FHA includes design-and-construction requirements for certain multifamily housing first occupied after March 13, 1991. Coverage depends on the building, its occupancy date, and whether it has an elevator. Other laws, including Section 504 and California law, may impose separate requirements.
The Seven FHA Design Requirements
Covered dwellings generally must address:
- An accessible building entrance on an accessible route
- Accessible public and common-use areas
- Doors usable by people who use wheelchairs
- An accessible route into and through the dwelling
- Reachable switches, outlets, thermostats, and controls
- Reinforced bathroom walls for later grab-bar installation
- Usable kitchens and bathrooms
Which Units May Be Covered
The federal design requirements generally reach all units in covered elevator buildings and ground-floor units in covered buildings without elevators. Coverage is fact-specific and should not be inferred from a building's age alone.
Design Violation or Later Modification?
A construction defect is different from a resident's later request to modify existing housing. Responsible designers, builders, owners, housing recipients, associations, or residents may have different duties and cost responsibilities under different laws.
The 2026 HUD Deadline Policy
HUD now treats design-and-construction violations as discrete acts ending with construction for its administrative process. That policy does not establish one deadline for every private lawsuit, DOJ matter, Section 504 claim, or state-law claim. Prompt legal review is important.
Frequently Asked Questions
Does the FHA make every apartment accessible?
No. Federal design coverage depends on factors including the building type, number of units, elevator status, and first-occupancy date.
Who pays for an accessibility change?
It depends. Design defects, tenant-requested modifications, federally assisted housing, and HOA property can involve different rules.
Did HUD create a one-year deadline for every lawsuit?
No. The 2026 memorandum addresses HUD's administrative treatment. Court claims, DOJ authority, Section 504, and state law require separate analysis.
Talk With Our Fair Housing Team
Call or email Vélez Law Group to discuss a housing accommodation, accessibility, discrimination, or retaliation concern.
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