Chapter IX, Accessible Housing, of the regional housing plan documents the need for housing in the Region that is accessible to persons with disabilities. The Chapter also describes Federal and State housing laws regarding the provision of accessible housing and construction practices that could increase the number of new accessible housing units.
Federal and State Laws Requiring Accessible Housing
Federal and State fair housing laws, which are summarized in Chapter VI, Housing Discrimination and Fair Housing Practices, and Chapter IX of the regional housing plan, set forth minimum accessibility standards that apply to most multi-family units constructed after March 13, 1991, and on or after October 1, 1993, respectively. Federal Fair Housing Act accessibility requirements include:
- Accessible building entrance and routes to dwelling units
- Accessible common use areas and doors to common use areas
- Doors within individual dwelling units
- Thresholds at exterior doors
- Bathrooms and reinforced walls for grab bars
- Bathrooms and kitchens that can accommodate wheelchairs
- Accessible light switches, electrical outlets, thermostats, and other environmental controls
The Wisconsin Open Housing Law includes similar accessibility requirements.
Additional Federal legislation may apply to multi-family dwelling units constructed prior to 1991 if they received Federal funding, such as public housing units. Section 504 of the Rehabilitation Act, originally passed in 1973 and subsequently amended, is intended to eliminate discrimination against persons with disabilities employed by Federal agencies, in programs or activities that receive Federal funding, or under any program or activity conducted by a Federal agency. Each Federal agency has its own set of Section 504 regulations that apply to its own programs and to entities that receive funding from the agency.
Recipients of U.S. Department of Housing and Urban Development (HUD) funds must comply with several Section 504 requirements related to housing accessibility. Accessibility standards are set forth in Title 24, Volume 1, Part 8, Subpart C of the Federal Code of Regulations (24 CFR Part 8). Subpart C requires a minimum of 5 percent of the total dwelling units or at least one unit, whichever is greater, be made accessible to persons with mobility impairments. An additional 2 percent, or not less than one unit, must be accessible for persons with sensory impairments. Existing dwelling units that are significantly remodeled may also need to meet accessibility requirements.
Subpart C specifies that all design, construction, and alteration of buildings must be in conformance with the Uniform Federal Accessibility Standards (UFAS). UFAS attempts to minimize the differences between standards used by Federal agencies that implement Section 504 of the Rehabilitation Act and address accessibility needs within individual dwelling units, common areas of buildings, exterior features of buildings, and building site features such as parking areas.
The Americans with Disabilities Act (ADA) applies to all State and local governments with the intent of extending the prohibition of discrimination in Federally-assisted programs by Section 504 of the Rehabilitation Act to all activities of State and local governments, including those that do not receive Federal financial assistance. The United States Access Board, which is a Federal agency that provides technical assistance regarding accessible design, has developed ADA Accessibility Guidelines (ADAAG) that apply to facilities covered by the ADA.
Construction Practices that Promote Accessible Housing
In addition to Federal and State laws that require certain types of housing units to be accessible to persons with disabilities, mainly new or substantially remodeled multi-family housing, there are construction concepts that can be applied to all housing types, including single-family housing. Although not required under State or Federal law, the design concepts of universal design and visitability are gaining increased awareness by the general public and the housing industry.
The intent of universal design when applied to housing is to provide housing that is usable to all people, regardless of ability, at little or no extra cost. Basic universal design features consist of:
- Installing standard electrical receptacles higher than usual above the floor so they are in easy reach of everyone
- Selecting wider doors
- Providing level (zero-step) entrances
- Installing handles for doors and drawers that require no gripping or twisting to operate, such as lever handles
- Storage spaces within reach of people of all heights
Visitability refers to single-family or owner-occupied housing designed to be lived in or visited by persons with mobility impairments who may have trouble with steps or use walkers or wheelchairs. The concept of visitability seeks to make homes more accessible to visit or live in short-term for a person with mobility impairments by meeting three general conditions that are considered most essential, including:
- One zero-step entrance on the front, side, or rear of the home
- 32 inch wide clearances at doorways, and hallways with at least 36 inches of clear width
- At least one accessible half bath on the main floor