(a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.

The Fair Housing Act Design Manual: A Manual to Assist Designers and Builders in Meeting the Accessibility Requirements of The Fair Housing Act provides clear and helpful guidance about ways to design and construct housing which complies with the Fair Housing Act. The manual provides direct information about the accessibility requirements of the Act, which must be incorporated into the design, and construction of multifamily housing covered by the Act. It carries out two statutory responsibilities: (1) to provide clear statement of HUD's interpretation of the accessibility requirements of the Act so that readers may know what actions on their part will provide them with a "safe harbor"; and (2) to provide guidance in the form of recommendations which, although not binding meet the Department's obligation to provide technical assistance on alternative accessibility approaches which will comply with the Act, but may exceed its minimal requirements. The latter information allows housing providers to choose among alternative and also provides persons with disabilities with information on accessible design approaches. The Manual clarifies what are requirements under the Act and what are HUD's technical assistance recommendations. The portions describing the requirements are clearly differentiated from the technical assistance recommendations.

This resource is designed to help you not only comply with Section 504 and the Americans with Disabilities Act, but to assist you in making access an integral part of your organization's planning, mission, programs, outreach, meetings, budget and staffing.