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Last week, I took a fairly exhaustive look at the Fair Housing Act (FHA) challenges that single-family builders might face if they want to dip their toe into multi-family homes. As discussed, our active adult ranch townhomes had to be in compliance with the rules. This week, I’ll finish by discussing the hurdles faced with two and three story townhomes.

The next project that popped up with a luxury townhome project in a very desirable location. It was a combination of both two and three-story units in a four unit building. Since both unit types had usable square footage on floors above the accessible ground level, you might think the townhomes would be exempt. But carrying heavy things up three flights of stairs like suitcases or groceries is cumbersome. As one who lives in a three-story townhome can tell you, you can trust me on this one.

Perhaps this buyer would like the option of a residential elevator. Adding such an option would necessitate that the unit now comply with all 7 provisions of the FHA (found at the end of this blog) – even if the buyer doesn’t elect to add the elevator. But only the units with this option would need to comply. If the elevator isn’t an option for the two-story units, they would be exempt.

The specific challenge for this project was the accessible route to the unit. The slope leading up the accessible entrance could be no more than 1 to 12 and the maximum threshold into the unit could be no greater than 3/4”. However, if 1 to 12 slope is used, a handrail must be provided for someone in a wheelchair. Instead, consider a 1 to 20 slope. Suddenly, the grading of this not very flat site had to be considered. We often find the accessible route and site drainage to be at odds – especially when the route is between buildings.

As land and construction cost continues to rise, getting comfortable with higher density, multifamily buildings are vital to stay ahead of the game. I’d love to hear your own thoughts. Have you run into hurdles that are in conflict with each other due to regulations? Send me your thoughts at dpatterson@housingdesignmatters.com.

All Seven FHA Requirements (paraphrased)

1. Accessible building entrance and route to the building.

2. Accessible and usable public areas within the building

3. Usable doors – passable by a person in a wheelchair

4. Accessible route through the unit

5. Light switches and thermostats within reach

6. Blocking for grab bars

7. Usable Kitchens & Baths