233.3 Residential Dwelling Units Provided by Entities Not Subject to HUD Section 504 Regulations
Advisory 233.3.2 Residential Dwelling Units for Sale. A public entity that conducts a program to build housing for purchase by individual home buyers must provide access according to the requirements of the ADA regulations and a program receiving Federal financial assistance must comply with the applicable Section 504 regulation.
Facilities with residential dwelling units for sale to individual owners.
- Residential dwelling units designed and constructed or altered by public entities that will be offered for sale to individuals shall comply with the requirements for residential facilities in the 2010 Standards including sections 233 and 809.
- The requirements of paragraph (1) also apply to housing programs that are operated by public entities where design and construction of particular residential dwelling units takes place only after a specific buyer has been identified. In such programs, the covered entity must provide the units that comply with the requirements for accessible features to those pre-identified buyers with disabilities who have requested such a unit.
Advisory 233.3.4 Alterations Exception. A substituted dwelling unit must be comparable to the dwelling unit that is not made accessible. Factors to be considered in comparing one dwelling unit to another should include the number of bedrooms; amenities provided within the dwelling unit; types of common spaces provided within the facility; and location with respect to community resources and services, such as public transportation and civic, recreational, and mercantile facilities.
Advisory 220.127.116.11 Alterations to Vacated Buildings. This provision is intended to apply where a building is vacated with the intent to alter the building. Buildings that are vacated solely for pest control or asbestos removal are not subject to the requirements to provide residential dwelling units with mobility features or communication features.
Advisory 18.104.22.168 Alterations to Individual Residential Dwelling Units. Section 22.214.171.124 uses the terms "substantially altered" and "altered." A substantial alteration to a kitchen or bathroom includes, but is not limited to, alterations that are changes to or rearrangements in the plan configuration, or replacement of cabinetry. Substantial alterations do not include normal maintenance or appliance and fixture replacement, unless such maintenance or replacement requires changes to or rearrangements in the plan configuration, or replacement of cabinetry. The term "alteration" is defined both in Section 106 of these requirements and in the Department of Justice ADA regulations.
| Note to Reader: The Department of Justice's ADA standards also require the following:
Social service center establishments. Group homes, halfway houses, shelters, or similar social service center establishments that provide either temporary sleeping accommodations or residential dwelling units that are subject to this part [of the title III regulation or to this section of the title II regulation] shall comply with the provisions of the 2010 Standards applicable to residential facilities, including, but not limited to, the provisions in sections 233 and 809.
|The Department of Justice's ADA standards also require the following: |
Housing at a place of education. Housing at a place of education that is subject to this part [of the title III regulation or to this section of the title II regulation] shall comply with the provisions of the 2010 Standards applicable to transient lodging, including, but not limited to, the requirements for transient lodging guest rooms in sections 224 and 806, subject to the following exceptions. For the purposes of the application of this section, the term "sleeping room" is intended to be used interchangeably with the term "guest room" as it is used in the transient lodging standards.