(a) This section is not applicable for Developments
that submitted full applications after January 1, 2014.
(b) When a Recipient has a Development which was built
before July 11, 1988 and that contains five or more units but lacks
the required 5% of units that are accessible to people with mobility
impairments, when the recipient undertakes Alterations to a structural
element that are not substantial as defined in §1.209 of this
subchapter (relating to Substantial Alteration of Multifamily Housing
(1) Those Alterations must be accessible, to the maximum
extent feasible, until at least 5% of the units are fully accessible
for persons with mobility impairments. If the 5% requirement is met,
no other structural Alterations are required to units except to provide
reasonable accommodations to individuals with disabilities.
(2) If Alterations of single elements (such as replacement
of a bathtub or a door) or spaces (such as kitchens or bathrooms)
occur in a single unit and when the alterations are considered as
a group amount to an alteration of the entire unit, the Recipient
must make the entire dwelling unit accessible until 5% of the units
are accessible to persons with mobility impairments.
(3) When the Recipient is not altering the entire unit,
all of the single elements or spaces that are being altered must be
made accessible unless at least 5% of the units in the project already
comply fully with the UFAS, requirements for persons with mobility
impairments. If at least 5% of the units comply with UFAS, no additional
single elements need be made accessible except to provide Reasonable
Accommodation for an individual with a Disability.
(4) Recipients are encouraged to examine existing units
for compliance with UFAS and ensure that at least 5% of the units
in a property are accessible. When at least 5% of the units comply
with UFAS requirements for accessibility, individual elements need
not comply with accessibility requirements when they are altered.
(5) Recipients are encouraged, but not required, to
make at least an additional 2% of the units being altered comply with
UFAS requirements for persons with hearing and vision impairments,
if such units do not already exist.
(6) Completion of minor maintenance required to maintain
a property in a decent, safe and sanitary condition is generally considered
to be normal. (24 CFR §8.3, Definition
(A) EXAMPLE: A Development is remodeling all of the
bathrooms throughout the property by replacing plumbing, fixtures,
and cabinets. Remodeling the bathroom is an alteration to a space.
Unless the property already has a minimum of 5% of its units that
comply with UFAS to serve people with mobility impairments, 100% of
the bathrooms remodeled must be made accessible until the property
has a minimum of 5% of its units compliant with UFAS.
(B) EXAMPLE: A Development is remodeling all of the
kitchens throughout a property by replacing stoves and refrigerators.
Because this is not an alteration to a structural element, no structural
elements must be made accessible.
(C) EXAMPLE: A Development is renovating its heating
system by replacing furnaces, ductwork and vents. This is not an alteration
that triggers compliance with this section because it is the replacement
of a mechanical system.
(D) EXAMPLE: A Development has 100 units and 6 of the
units are for persons with mobility impairments. They comply with
UFAS and are on an Accessible Route. The property is remodeling all
of the bathrooms throughout the property by replacing plumbing, fixtures,
and cabinets. None of the remodeled bathrooms need be made accessible
because the property already has at least 5% of its units that comply
(E) EXAMPLE: A Development that was built before 1988
has 100 units and none of them comply with the UFAS requirements.
The Development is replacing all of the roofs as part of regularly
scheduled maintenance and repair. No units are required to be made
accessible because the work being performed is regular maintenance
and repair. Reroofing is specifically not considered an alteration.
(F) EXAMPLE: A Development has 100 units and only three
of those units (or 3%) comply with UFAS for persons with mobility
impairments. The property is renovating 10 units, but the cost of
renovation is only 50% of the cost of replacing the completed property,
so this is not a substantial alteration. Because the entire unit is
being renovated, two of the renovated units must comply with UFAS
in order to provide a minimum of 5% of the total number of units that
are accessible to people with mobility impairments.
Source Note: The provisions of this §1.210 adopted to be effective February 16, 2014, 39 TexReg 623