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Version 4.0 July 9, 2001 | ||||||
There are several Federal laws that apply to public housing: The Architectural Barriers Act of 1968 (ABA) covers all buildings built with Federal
funds. Since the Federal government provides financing to public housing authorities, this
Act covers all public housing constructed since 1968. Section 504 of the Rehabilitation Act of 1973 covers all programs of local government
that receive funds from Federal sources. The Fair Housing Act Amendments of 1988 cover all newly constructed multifamily housing
built for first occupancy on March 31, 1991 or later. The Americans with Disabilities Act of 1990, Title 2 covers all programs of local
government that receive funds from Federal Sources In addition to Federal laws, New York City has its own ordinance, Local Law 58, that
applies to all NYCHA buildings as well. A general rule in code enforcement is that the
most stringent standard applies. In the case of Local Law 58, the Federal rules are more
stringent so that the Local Law is not an issue in design of NYCHA housing and therefore
not discussed further here. However, there could be difficulties with the
interpretations of the laws. This problem is a particular concern with respect to
negotiated alternatives to UFAS that NYCHA has worked out with HUD (see Existing Buildings
section). Each of these laws references standards or guidelines that must be followed in design
and construction. To understand the complex and overlapping rules, it is useful to discuss
new construction and existing buildings separately. There are significant differences in
the application of laws with regard to whether a building is already existing or is new
construction. Thus, in the next two sections, these two conditions are treated separately.
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