In the multifamily housing industry, accessibility compliance isn’t just about following regulations — it’s about protecting investments, ensuring equal access for all residents and mitigating risk.
Yet many property owners find themselves facing costly retrofits and legal exposure due to what experts call “death by a thousand wrong answers.” Not getting any advice can be just as bad as getting a lot of wrong advice from unqualified sources.
It is imperative that you receive guidance from experts who understand the nuances and overlap of different regulations. If you don’t, you may find yourself providing accessibility elements where they aren’t applicable. Doing so will impede your ability to meet legal requirements, leaving you with a false sense of compliance.
Small Oversights Add Up
While a single accessibility oversight might seem minor — a doorway that’s slightly too narrow, a ramp that’s too steep or a lip on a threshold that’s too small — the cumulative effect of multiple non-compliant features creates significant barriers for residents with disabilities.
These seemingly small issues compound over time, leading to decreased quality of life for residents and potential legal liability for property owners.
Common oversights include: improperly placed grab bars, improper anchoring of the grab bars, steep ramps, switches and environment controls that are not in the correct location, and inadequate clear floor space.
The ADA Misconception
amily housing is what industry experts call the ADA mindset. While architects and contractors often treat Americans with Disabilities Act (ADA) compliance as a catch-all solution, the reality is far more meticulous. Surprisingly, less than 1 percent of a typical apartment complex falls under ADA jurisdiction. ADA is primarily concerned with public spaces, such as leasing
offices.
The vast majority of living spaces must comply with different federal regulations that have different standards. For example, Section 504 of the Rehabilitation Act has its own set of requirements when federal funding is involved in the development or operation of the building.
Fair Housing accessibility guidelines apply to buildings with four or more units with certificates of occupancy dated on or after March 13, 1991. These guidelines are determined by the Department of Housing and Urban Development to provide builders and developers with technical guidance on how to comply with the specific accessibility requirements of the Fair Housing Amendments Act of 1988.
Additionally, states and local jurisdictions also can apply their own accessibility codes.
The True Cost of Late-Stage Compliance
Property owners rarely intend to skirt accessibility requirements. Instead, the problem often stems from not engaging the right accessibility experts early enough in the development process. The typical scenario unfolds like this:
- Property owners secure construction financing.
- They proceed with development using architects and contractors who lack specific accessibility expertise.
- Construction is completed according to general building codes.
- Accessibility issues surface during inspections or through resident or visitor complaints.
- Owners face significant out-of-pocket expenses for retrofitting, having already exhausted their construction loans.
The solution lies in early intervention. Working with accessibility specialists during the planning phase costs pennies on the dollar compared with post-construction modifications. A comprehensive approach should include: expert consultation during the initial design phase; clear distinctions between ADA, Section 504 and Fair Housing requirements; and training for architects, contractors and subcontractors.
Three critical construction inspections need to occur during the open-wall phase, after installation of fixtures and controls and following completion of flatwork to verify slopes and routes.
Get It Right The First Time
In today’s competitive real estate market, accessibility compliance isn’t optional — it’s essential for protecting investments and serving all residents effectively. Here’s our motto at E&A Team Inc., which we have developed after years of experience: “If you’re going to play the game, play to win.”
In the context of multifamily housing accessibility, winning means getting it right the first time through proper planning, expert consultation and thorough implementation.
Property owners and developers who take a proactive approach to accessibility compliance not only avoid costly retrofits but also create more inclusive, marketable properties that serve their communities better.
The key is recognizing that accessibility isn’t just about meeting minimum requirements — it’s about creating spaces that work for everyone, right from the start.
Mark English is founder and president of E&A Team Inc. He can be reached at [email protected]. E&A provides accessibility evaluations, capital needs assessments and training to multifamily owners and developers, property management firms, architects, contractors, engineers, state housing finance agencies and governmental agencies in all 50 states and various U.S. territories.