Q: Is there a minimum number of handicapped parking spots based on the number of units in a residential building?
—Judy Harris, Atlanta
A: According to the federal Fair Housing Act standards for dwellings built for first occupancy after March 13, 1991, at least 2 percent of the number of parking spaces serving covered units must be made accessible. In addition, if surface parking, covered spaces or garage parking is offered, the act says "a sufficient number of each type must be made accessible."
In a 2013 joint statement, the U.S. departments of Justice and Housing and Urban Development defined “covered multifamily dwellings” subject to the act’s design standards as residential buildings and facilities like condominiums, cooperatives, apartment buildings, vacation and time share units, assisted living facilities, continuing care facilities, nursing homes and public housing developments.
So for example, a residential complex built for first occupancy after March 1991 with 300 parking spaces should have a minimum of six designated parking spots for people with disabilities. FHA requirements also state that if more spaces “are needed as a reasonable accommodation to a person with a disability after the buildings are constructed, additional accessible parking spaces may be required.”
Title III of the 1990 Americans with Disabilities Act, which applies to public and commercial accommodations, may also cover some residential dwellings, if they have rental offices, attached commercial spaces or other areas considered public accommodations.
Fast Copy News Service wrote this column. Do you have a question? We’ll try to get the answer. Call 404-222-2002 or email q&a@ajc.com (include name, phone and city).
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