Every short-term decision contributes to a long-term goal. In multifamily housing construction, the consequences of short-term decisions are particularly evident when an owner hires an architect, contractor or a superintendent who lacks a full understanding of accessibility compliance.
It all comes down to two key questions: What regulations apply to the property, and what are the technical standards each regulation requires you to apply?
The answers to these questions determine the applicable accessibility requirements for the property.
In 2007, I was shocked to learn that every architectural school in the United States shared two things in common: first, they all provided only a 20- to 30-minute class on the Americans with Disabilities Act (ADA). Second, none of them taught a course on Section 504 of the 1973 Rehabilitation Act, which governs federally funded and federally assisted multifamily housing.
Furthermore, none covered Fair Housing Act accessibility requirements, which apply to multifamily buildings with four or more units that received a certificate of occupancy (CO) on or after March 13, 1991, regardless of the types of funding used to build the property.
Even more surprising is that in 2025 — 18 years later — only one architectural school in the country (Harvard University) teaches classes on all three of these multifamily housing accessibility requirements. This lack of education explains why our firm, which offers accessibility construction services across all 50 states and U.S. territories, frequently encounters the same compliance issues. Architects, contractors and superintendents often operate under an ADA misconception and are unaware of Section 504 and Fair Housing regulations.
The Costly ADA Mindset
The costliest misconception in multifamily housing is the ADA mindset. Many architects and contractors assume that ADA compliance is sufficient for accessibility, but this is far from the truth.
In reality, less than 1 percent of a typical apartment complex falls under ADA jurisdiction. That 1 percent typically comprises public spaces, such as leasing offices.
Most residential areas must comply with other federal regulations, each with their own standards. Most training focuses more on technical standards like how wide to make a door or how large a maneuvering space needs to be.
Here’s a breakdown of which regulation applies to different parts of a property.
- Section 504 applies when federal funding is involved, which includes money sourced from HOME Investment Partnerships program, Community Development Block Grant program, the USDA Rural Development program and HUD, among other sources.
- Fair Housing accessibility guidelines apply to multifamily buildings with four or more units when its CO was issued on or after March 13, 1991.
- State and local accessibility codes may impose additional requirements.
The Journey of a Toilet
While the regulations mentioned above address the “what” of the issue, the technical standard covers the “how.” To help architects and builders understand accessibility compliance, I developed a segment in our training called “The Journey of a Toilet.” Many don’t realize how many trades — often 10 or more — impact the final placement of a toilet before it even arrives onsite.
The regulation told us that this bathroom had to be accessible. The standard tells us that the toilet in this bathroom has to be 18 inches off the side wall. Here are just a few small errors that can affect compliance. Rough in refers to the initial stage where the basic framework for plumbing, electrical, and HVAC systems is installed before walls and ceilings are closed up.
- The rough-in plumber is off by a quarter inch with the toilet drain
- The concrete former misaligns the rough opening by a quarter inch
- The concrete pourer bumps the form over a quarter inch
- The rough-in carpenter is off by a quarter inch with the bathroom framing
- No one double-checks drywall thickness, leading to a half-inch error
- The finish plumber sets the toilet a quarter inch off
- The finish carpenter installing cabinets is off by another inch.
Individually, these may seem like minor mistakes, but together they shift the toilet placement enough to violate Section 504’s strict 18-inch requirement from the side wall. This is only one issue in the larger scope of accessibility compliance.
A Call to Action
These issues exemplify the domino effect of short-term decisions. So, the critical question is: what kind of outcome do you want for your business when it comes to accessibility compliance for your multifamily properties?
Establishing standard procedures that achieve consistent results with efficiency is a key to success. The Department of Justice accessibility initiative published a list of best practices a few years ago. Adoption of these practices provides the best chances for compliance. They include:
- 1. Having the plans and specifications evaluated by an accessibility expert.
- 2. Training the development team in the applicable accessibility codes and standards.
- 3. Utilizing the accessibility expert to perform inspections at certain stages to help verify the correct application of the plan details in the field.
As of this writing, at least eight or nine housing finance agencies have adopted the Department of Justice’s accessibility initiative and incorporate all the construction services mentioned above. These agencies recognize that they cannot simply delegate accessibility responsibility to property owners.
The reality is that the multifamily industry has set itself up for failure. As 17th-century philosopher Voltaire wisely said, “the perfect is the enemy of good.”
We start with the very complex and confusing nature of the accessibility regulations themselves. We work with imperfect materials affected by all types of weather conditions, leading to shrinking and swelling. We rely on human labor, which is inherently prone to mistakes. Architects design with precise AutoCAD software, leaving no wiggle room for real-world construction variables. Expecting perfection without accounting for these factors is unrealistic.
Make 2025 the Year of Better Decisions
I leave you with advice from Antoine de Saint-Exupéry: “A goal without a plan is just a wish”. This year, commit to making better short-term decisions that will lead to positive long-term consequences. Find a recognized, knowledgeable and respected accessibility consultant who can guide you in making the right choices. Your future compliance — and success — depends on it.
Mark English is founder and president of E&A Team, Inc.