UFAS Why applicable Simply Put Its the Law

UFAS, Why applicable? Simply Put, “It’s the Law” Section 504 of the Rehabilitation Act of 1973 of which the Uniform Federal Accessibility Standards (UFAS) are the implementing standards.

Why the Renewed Emphasis on UFAS • Concern for the plight of persons with disabilities? Not exactly • Astute Advocacy Groups Bringing Suit • Department of Justice Settlement Agreement

Review of the Rules All multifamily properties that fit the definition of “federally assisted” constructed since the Act went into force were expected to comply with UFAS: • 5% of units must meet accessibility standards for persons with physical disabilities • An additional 2% for persons with visual impairments • Applies to all new construction projects and projects that fit the definition of “substantially altered” (75% ratio of cost of repairs/as rehabbed replacement cost of the improvements)

Additional Compliance Requirements Any project undergoing rehabilitation of all of the following: • Kitchens • Baths • Door jambs

Additional Compliance Requirements Any project undergoing rehabilitation of all of the following: • Kitchens • Baths • Door jambs Accessibility measures must be implemented to the extent financially/physically feasible (the feasibility test must be met). Even if it is determined that full compliance is not feasible based on the feasibility test, compliance of components to the extent possible must be implemented.

Repair Classification • Critical Repair that can be deferred based on an approved Corrective Action Plan (CAP) • Percentage of Units done up front • Balance of the units subject to the CAP • Goal is to minimize tenant displacement 2

CORRECTIVE ACTION PLANS · Identify each deficiency · Describe physical remedies · Estimate costs · Set specific schedule o Fastest possible o Not > 1 yr without HQ approval

Other Accessibility Compliance Requirements · Fair Housing Act (first occupancy after March 13, 1991) · The Americans with Disabilities Act (ADA) Implemented on July 26, 1990