Is there an ADA compliance requirement when we are using CDBG to rehabilitate a multi-unit housing development?
Date Published: May 2015
Accessibility requirements for CDBG assisted rental rehabilitation are based on the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973, rather than the ADA. The ADA generally applies to public facilities and housing provided directly by state and local governments.
For a multi-family project, the new construction accessibility standard must be met if the project has 15 or more total units and the cost of the rehabilitation is at least 75 percent of the replacement cost of the completed facility (see 24 CFR 8.23 in the link below). The new construction standard requires 5 percent of the units to be accessible to persons with mobility impairments, and an additional 2 percent accessible for persons with hearing or vision impairments. If your project does not meet the threshold for compliance with the new construction standard, accessibility must be provided to the maximum extent feasible. View 24 CFR Part 8 – Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities.