Accessible and Adaptable Housing February 24, 2009 Mayor’s Office on Disability

504 Rehabilitation Act (as amended) prohibits discrimination on the basis of disability in federally assisted programs and activities to all State and local governmental entities whether or not such entities receive Federal funds. Most programs and activities of State and local governments are recipients of financial assistance from one or more Federal agencies and are already covered by section 504. Civil Rights, Performance Standard Source of 5% wheelchair & 2% hearing accessible units

Fair Housing Act Failure to design and construct certain multifamily dwellings to include certain features of accessible design will be regarded as unlawful discrimination. Established design + construction requirements for multifamily housing built for first occupancy after 3/13/1991. FHA (Title VIII,1968 Civil Rights Act) prohibits:  discrimination in the sale, rental, and financing of dwellings based on race, color, religion, sex, and national origin,  expand coverage to prohibit discriminatory housing practices based on disability and familial status - it is unlawful to deny the rental or sale of a dwelling unit to a person because that person has a disability. Civil Rights, Performance Standard Source of 3+4 adaptable, newly constructed units

ADA Title II ADA Title II (effective January 26, 1992) prohibits discrimination on the basis of disability in services, programs and activities provided by State and local government entities Built into 1964 Civil Rights Act provided protections to persons on the basis of race, sex, national origin, and religion.

Publicly Funded? A building or facility or portion of a building or facility designed, constructed, or altered by, on behalf of, or for the use of a public entity subject to ADA Title II requirements for State and Local Governments (28 CFR part 35 or/and 49 CFR or 37.43) Civil Rights Performance + Technical Standard Source of 3+4 adaptable, newly constructed units

Chronology State Laws 1985A New Horizon (4+ units $1000 limit) 1987SF Ordinance (adds condominiums) 1990 New Horizons Revised (Cost cap repealed, 5% units, 12 mandatory access features) 1993 CA CBC ch CA CBC ch 11A 2001CA CBC (multistory units) 2007CA CBC Rebuild (Harmonize with 11B - major changes & reorganization) Federal Laws 1968 Fair Housing Act (basic civil rights) Rehab Act (5+2% Accessible units) 1988 Fair Housing Amendments Act (adaptable units 3+4) 1991 HUD FHA Guidelines HUD FHA Manual (first graphical design guideline) 2000 ICC CRHA (FHA safe harbor) 2000 IBC Supplement (FHA safe harbor) 2009 ADA/ABA (HUD 504 units)

Chronology State Laws 1985A New Horizon (4+ units $1000 limit) 1987SF Ordinance (adds condominiums) 1990 New Horizons Revised (Cost cap repealed, 5% units, 12 mandatory access features) 1993 CA CBC ch CA CBC ch 11A 2001CA CBC (multistory units) 2007CA CBC Rebuild (Harmonize with 11B - major changes & reorganization) Federal Laws 1968 Fair Housing Act (basic civil rights) Rehab Act (5+2% Accessible units) 1988 Fair Housing Act (adaptable units 3+4) 1991 HUD FHA Guidelines HUD FHA Manual (first graphical design guideline) 2000 ICC CRHA (FHA safe harbor) 2000 IBC Supplement (FHA safe harbor) 2009 ADA/ABA (HUD 504 units)

So What…? 1. State and SF CBC are harmonized 2. CA & SF Codes are not safe- harbored by HUD’s FHA 3. CA & SF codes do not contain 504 Accessible Unit standards. 4. CA & SF codes contain more & less scope & technical requirements than FHA or 504!

And So…? Must use… 1. CBC Chapters 11A and 11B for any publicly funded housing (but this has gotten alot easier) 2. SF/CA CBC FHA for housing with ($1+) Federal funding 3. SF/CA CBC + FHA for covered housing but not having federal funds

CBC ~ More & less  Publicly-funded Alterations  Multistory Units (10% visibility)  CBC Public use areas requirements (ch 11B)  Parking garage issues  Unit interior issues (42” halls at doors)  Toilet room “usability” & powder room requirements  “Other” non-covered unit requirements (Ch 11A 1150A.2 additional unit requirements min. access in exempt, non-elevator buildings)  Lack of Accessible Units  Lack of clarity on covered- units in complex facilities (elevator and non-elevator buildings, podiums structures)  Definition of “story”  Lack of loft units  Lack of “usability in appliances & controls)  Lack of recreation elements  Not keeping up with 2006 (2009) ADA/ABA

Shuffling through multiple decks of playing cards!