7.3 ADA Title III, Section 504, Accessible Design & Screening

Several disability and nondiscrimination laws can apply to one property, but they cover different places, entities, construction, services, and costs. Begin by identifying the property, space, funding, activity, construction date, and governing jurisdiction rather than labeling the entire community “ADA compliant.”

ADA Title III at residential properties

Before selecting a standard or procedure, identify:

• whether the space is public, residential, or program space;
• the entity receiving federal assistance;
• construction and alteration dates;
• the activity or decision at issue; and
• federal, state, local, and program requirements.

ADA Title III applies to private places of public accommodation. At an apartment property, a leasing office open to the public is a common example. A publicly offered retail shop, event room, or service can also be covered depending on operation. Purely residential areas limited to residents and their guests are not automatically Title III public accommodations merely because they are common areas.

Covered public spaces have duties involving nondiscrimination, reasonable modification of policies, effective communication, and removal of architectural barriers when readily achievable. New construction and alterations follow the applicable ADA standards. Exact counter, route, door, restroom, parking, and other technical requirements depend on the space, work date, standard, and facts. Use a qualified accessibility review rather than a short dimensional checklist.

A leasing office can offer an accessible counter or equivalent service only if the alternative provides effective access and dignity. A portable workaround should not become an excuse to leave a readily removable barrier unaddressed.

Section 504

Section 504 prohibits disability discrimination in a program or activity receiving federal financial assistance. Coverage depends on the recipient and program, not simply whether an individual resident uses a voucher. Public housing, project-based assisted housing, and other federally assisted programs can have Section 504 duties; verify the funding arrangement.

Section 504 can require reasonable accommodation, provider-funded modification, effective communication, and program accessibility, subject to its standards for undue financial and administrative burden or fundamental alteration. Evaluate the program as a whole where that concept applies, but do not use it to deny access to a particular service without analysis.

For covered new multifamily housing projects, current HUD Section 504 rules generally require at least 5% of dwelling units, or at least one unit, whichever is greater, accessible for people with mobility impairments and an additional 2%, or at least one unit, accessible for people with hearing or vision impairments. Unit distribution, common areas, standards, alterations, and higher program requirements need qualified review.

Fair Housing Act design and construction

The Fair Housing Act separately requires specified accessible features in covered multifamily dwellings designed and constructed for first occupancy after March 13, 1991. Coverage depends on building entrance, elevators, floors, unit count, and other facts. The seven design requirements address accessible entrances on an accessible route, public and common areas, usable doors, accessible routes into and through dwellings, environmental controls, reinforced bathroom walls, and usable kitchens and bathrooms.

FHA design coverage is not the same as ADA public-accommodation coverage or Section 504 financial-assistance coverage. One project may need to satisfy more than one standard. Alteration and claim-timing rules can change; preserve plans and obtain current professional review before asserting compliance.

Screening after withdrawn HUD guidance

HUD's September 17, 2025 notice withdrew two criminal-record guidance documents dated June 10 and June 20, 2022 and said they should no longer be relied on as authoritative. Therefore, do not present those documents' individualized-assessment framework, arrest discussion, or burden sequence as a current binding HUD mandate.

Withdrawal does not authorize intentional discrimination or override other law. A property may be subject to federal, state, or local fair-chance, sealing, consumer-report, subsidized-housing, or program restrictions. Use current written criteria with a legitimate purpose, accurate records, consistent application, defined lookback and disposition rules where lawful, exception authority, privacy, and legal review.

The Fair Housing Act includes a narrow statutory provision concerning conduct against a person convicted of illegal manufacture or distribution of a controlled substance. It does not mean every drug-related arrest, possession allegation, or incomplete database match is exempt from every law.

Record accuracy and identity

Define which records can be considered: conviction, pending case, arrest, eviction filing, judgment, debt, dismissal, sealed or expunged matter, or satisfied obligation. A filing or arrest does not prove the underlying conduct. Match identity using reliable fields and dispute procedures; name-only matching can combine different people.

When information is inconsistent, pause the decision, inspect the source, provide required notices, and follow the current policy. Do not ask a consumer reporting agency to decide property eligibility unless the contract and law assign that role; management remains responsible for the criteria and adverse decision.

FCRA tenant-screening adverse action

When a consumer report contributes to denial, a higher deposit, guarantor requirement, higher rent, or another less favorable housing term, the Fair Credit Reporting Act requires an adverse-action notice. It generally identifies the consumer reporting company and contact information, states that the company did not make the decision and cannot explain it, and informs the consumer of the right to dispute accuracy and obtain a free report within the statutory period.

The federal pre-adverse-action copy-and-wait procedure is associated with employment use, not a universal federal tenant-screening requirement. State or local law, program rule, company process, or another statute can require additional notice or reconsideration. Use the approved current housing form rather than importing an employment checklist.

Accessible and fair process

Provide applications, interviews, notices, hearings, and communication in accessible formats as required. An applicant may request accommodation in a deadline, documentation method, meeting, or screening policy. Evaluate the request under the applicable law without automatically waiving a legitimate requirement.

Protect reports and disability information, restrict access, and dispose securely. Record the actual criteria, report version, decision-maker, exception, notice, and dispute outcome. Audit vendor configuration when law or policy changes.

The exam approach is to separate the statutes: ADA Title III for covered public accommodations, Section 504 for federally assisted programs, FHA for housing discrimination and covered design, and FCRA for consumer-report procedure. In practice, add current state and local law and do not rely on withdrawn guidance.