Seven Design and Construction Requirements

An internal accessibility audit of the Health and Human Services Commission building in Austin found several potential violations of state and federal code including wheelchair ramps that were too steep and narrow and restroom doors that were too hard to open.

While the HHSC building does not fall under the requirements of the Fair Housing Act, the issues discovered during the audit are similar to problems people with disabilities encounter when looking for accessible housing.

The Fair Housing Act design and construction requirements apply to “covered multifamily dwellings” designed and constructed “for first occupancy” after March 13, 1991. Condominiums and apartment buildings are covered by the design and construction requirements. So are time-shares, dormitories, transitional housing, homeless shelters that are used as a residence, student housing, assisted living housing, and others.

In order to be in compliance with the Fair Housing Act, there are seven basic design and construction requirements that must be met. These requirements are:

Requirement 1. An accessible building entrance on an accessible route.
All covered multifamily dwellings must have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site.

• An accessible route means a continuous, unobstructed path connecting accessible elements and spaces within a building or site that can be negotiated by a person with a disability who uses a wheelchair, and that is also safe for and usable by people with other disabilities.

Rent Increases

Peter Mongillo of the Austin American Statesman recently answered this question from a reader:

Is there a minimum amount of time that a landlord has to notify you that rent will increase with a lease renewal? My lease ends at the end of the month, and I was given less than a month’s notice of the increase. Also, is there a limit on how much the landlord can raise the rent?

Notification of a rent increase depends on terms outlined in the lease, says Stephen Guerra of the Austin Tenants’ Council. For example, if a lease states that a tenant or landlord must give 60 days notice for termination of residency, then that is the minimum amount of time a landlord has to notify you in writing of a rent increase. If there is no written lease, then a landlord must give at least 30 days notice (unless a tenant pays weekly rent, in which case only a week’s notice is required), Guerra says.

At renewal time, there are no limits on how much a landlord can raise the rent, Guerra says. For more information, call the Austin Tenants Council at 474-1961 or visit www.housing-rights.org.