Two Laws, Two Sets of Requirements - Often Applied to the Same Building
The Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) are both civil rights laws that mandate accessibility - but they cover different building types, have different design requirements, and are enforced by different agencies. On a multifamily residential project, both laws may apply simultaneously. The ARE PA exam tests candidates' ability to distinguish between them, know which applies to which building type, and identify the specific design requirements each mandates.
What Each Law Covers
| Factor | ADA | Fair Housing Act |
|---|---|---|
| Primary purpose | Disability rights in public accommodations and employment | Prohibit discrimination in housing |
| Building types covered | Places of public accommodation, commercial facilities, government facilities | Multifamily residential (4+ units built after 1991) |
| Private residences? | Generally no | Yes - primary focus |
| Hotels covered? | Yes (place of public accommodation) | No (transient lodging) |
| Apartments covered? | Common areas only (not individual units) | Both common areas and individual units |
| Design standard | ADA Standards for Accessible Design (2010) | Fair Housing Act Design Manual |
| Enforced by | Dept. of Justice, EEOC | HUD, Dept. of Justice |
Fair Housing Act Design Requirements
The FHA applies to all multifamily dwellings with 4 or more units constructed for first occupancy after March 13, 1991. All ground-floor units and all units in elevator-served buildings must meet the 7 FHA Design Requirements:
- Accessible entrance on accessible route
- Accessible public and common use areas
- Usable doors (32-inch nominal clear width)
- Accessible route into and through dwelling units
- Light switches, outlets, and controls at accessible heights
- Reinforced walls for grab bars (must be reinforced to allow future installation)
- Usable kitchens and bathrooms (turning space, clear floor space)
Key Differences in Bathroom Requirements
The FHA bathroom requirements are notably different from ADA toilet room requirements. FHA requires that bathrooms provide clear floor space for a wheelchair beside the toilet and in front of the shower or tub - but does not require grab bars to be installed (only that walls be reinforced to allow future installation). ADA toilet rooms require grab bars to be installed. This is a critically tested distinction: FHA residential units need reinforcement but not the bars; ADA public restrooms need the bars.
When Both Apply
A multifamily residential building with ground-floor retail or a fitness center open to the public must comply with both: FHA for the residential units and common areas, and ADA for the retail or other public accommodation spaces. The architect must track which standard applies to which space and ensure both are met without creating conflicts.
Key Exam Points
- ADA: public accommodations, commercial facilities, government - not private residences.
- FHA: multifamily dwellings (4+ units) built after 1991 - all units in elevator buildings; ground floor only in walk-up buildings.
- FHA requires reinforced walls for grab bars - not installed bars (ADA requires installation).
- Both may apply on mixed-use projects with residential and commercial components.
- FHA enforced by HUD; ADA enforced by Dept. of Justice.
Study PA on AREprep
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