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Interpretation #8559

Original Request

  • Requested By: Jyoti Naik
  • Requester E-Mail: jyoti.naik@lakelandgov.net
  • Code Version: 2021
  • Code: ACCSCODE
  • Code Description:
  • Chapter:
  • Section: 208.2.3
  • Topic: Parking in a Townhome development

  • Question: Does the Fair Housing exemption of townhomes from accessibility requirements apply to parking spots?

Answer:

From the Fair Housing Act Design Manual (1998) - PUBLIC AND COMMON USE AREAS
NOT COVERED BY THE GUIDELINES - Where a newly constructed development consists entirely of buildings of four or more multistory dwelling units without elevators (e.g., two-story townhouses), the development is not required to comply with the Fair Housing Act or the Guidelines. Since there are no covered multifamily dwellings on the site, no public and common use areas anywhere on the site are required to be accessible.
On 09/13/2021 at 6:40 PM

Commentary:

Note, however, that the Americans with Disabilities Act (ADA) of 1990 may apply. This is per the Fair Housing Act, however local jurisdictions may require accessible parking to be provided per their local zoning code requirements.