In a previous blog post we talked about the applicable accessibility codes for multifamily properties.  In this post we start to dig deeper into the codes and look specifically at how the American’s with Disabilities Act (ADA) fits into the equation when assessing multifamily properties.

American’s With Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) was signed into law in July 1990 extending civil rights protection for persons with disabilities. Generally, Title III of the ADA prohibits discrimination by entities to access and use of “areas of public accommodations” and “commercial facilities” on the basis of disability. Regardless of their age, these public areas and facilities must be maintained and operated to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG).

So what areas are we talking about here?  These are the types of areas of a complex that the general public would have some access; the leasing office, public restrooms, common laundry areas, community rooms, etc.

Existing facilities constructed prior to January 26, 1992 are held to a lesser standard of compliance with the extent allowed by structural feasibility and the financial resources available.  Typically, if the issue is not able to be corrected a reasonable accommodation must be made.

Some of these areas become particularly problematic.  In many older apartment complexes we see dwelling units that have been converted to leasing offices.  These older dwelling units were never designed to be ADA compliant; the doors are not wide enough, the bathrooms do not comply with an acceptable turning radius, and many other issues.

Beyond the leasing office the ADA extends to areas of an apartment complex such as community rooms and laundry areas.  Community rooms have to have an accessible route that allows someone with a disability to even be able to get to it.

Public accommodations don’t just involve what’s inside the building, it starts with the site.  The site must have accessible routes from parking areas into buildings and to common site features.  To be compliant, entrances must be at grade or have the proper ramps to allow passage.  Common site features like playgrounds need an accessible path as well.

Here are some of the more common problems that we see with ADA compliance at multifamily properties.

Leasing Office

Many times at older properties, we see either a unit that was converted to an office or an older stand- alone leasing office that may not comply.  The problem with converted dwelling units is that they were never intended to be accessible.  Often there is no accessible path leading to the leasing office.  Also, stairs and/or grade changes hinder accessibility.  Many older apartments were “garden style” apartments with the lower level partially sunken into the ground.  If there is no internal ramp, this is not ADA compliant.  Usually the bathroom in these converted units is not accessible either with proper turning clearances, grab bars, or proper clear area around the plumbing fixtures.

Unfortunately, there aren’t many reasonable accommodations that can be made for an out of compliance leasing office.  Consider moving the office to a more suitable area, create a small addition, or remodel the office to meet compliance.  We have seen some complexes that are completely inaccessible post signage in the parking lot with a number to call for further assistance.  The legality of meeting a reasonable accommodation with this type of approach is questionable.

Community Rooms

Typically, community rooms will have a small warming kitchen associated with them.  Not a full commercial kitchen, but usually smaller with residential appliances to keep food warm for parties.  The most common violation that we see in kitchens is improper heights on countertops and toe kicks on the cabinetry.  Usually adequate clearances around the kitchen sink to accommodate someone in a wheelchair is missing.

Compliance can be as simple as replacement cabinetry built with accessible clearances or it may mean significant remodeling.

Laundry Areas

The biggest issue we see with laundry areas is either that they are not on an accessible route or that they lack front loading washers for disabled residents.

Compliance can be met by providing an accessible route to the laundry area or creating a secondary laundry facility in an accessible location.  Replacing laundry equipment to include at least one front loading washer can easily be accomplished by property management or their laundry vendor.

Site Accessibility

While emphasis is placed on accessibility inside of our buildings, the site and its features are equally important to consider.  Common elements such as playgrounds, grills, gazebos, and gardens need to be available to all residents.  A playground stuck in the middle of a grassy area doesn’t do much good to a resident in a wheelchair.

Not having an accessible route from parking areas into buildings is a common ADA deficiency that often requires attention.  Steps and steep grade changes can cause issues with mobility impaired residents.  Steps, either leading into a building or in an interior corridor, can be extremely problematic for a mobility impaired individual.

Reworking or installing additional sidewalks at the site can often alleviate ADA compliance issues.  Relocation of the site amenities to more accessible areas may be required.  Additional ramps may be required to address stepped entries and grade changes as necessary.

Conclusion

Dealing with an accessibility claim by a resident can be a costly and time consuming.  Often by the time an issue is discovered it is too late to correct easily.  Accessibility issues can sometimes be easy to detect but planning for cost effective solutions requires professionals that know the codes and how they apply to a particular building.  Consult a professional consulting company, like Natura, with licensed professionals to help you identify and navigate through accessibility compliance issues in your multifamily property.