Page:United States Statutes at Large Volume 102 Part 2.djvu/617

 PUBLIC LAW 100-430—SEPT. 13, 1988

102 STAT. 1621

"(B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or (C) in connection with the design and construction of covered multifamily dwellings for first occupancy after the date that is 30 months after the date of enactment of the Fair Housing Amendments Act of 1988, a failure to design and construct those dwellings in such a manner that— "(i) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons; "(ii) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and "(iii) all premises within such dwellings contain the following features of adaptive design: "(I) an accessible route into and through the dwelling; "(II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; "(III) reinforcements in bathroom walls to allow later installation of grab bars; and "(IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. "(4) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as 'ANSI A117.1') suffices to satisfy the requirements of paragraph (3)(C)(iii). "(5)(A) If a State or unit of general local government heis incorporated into its laws the requirements set forth in paragraph (3)(C), compliance with such laws shall be deemed to satisfy the requirements of that paragraph. "(B) A State or unit of general local government may review and approve newly constructeid covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of paragraph (3)(C) are met. "(C) The Secretary shall encourage, but may not require, States and units of local government to include in their existing procedures for the review and approval of newly constructed covered multifamily dwellings, determinations as to whether the design and construction of such dwellings are consistent with paragraph (3)(C), and shall provide technical assistance to States and unite of local government and other persons to implement the requirements of paragraph (3)(C). "(D) Nothing in this title shall be construed to require the Secretary to review or approve the plans, designs or construction of all covered multifamily dwellings, to determine whether the design and construction of such dwellings are consistent with the requirements of paragraph 3(C). "(6)(A) Nothing in paragraph (5) shall be construed to affect the authority and responsibility of the Secretary or a State or local public agency certified pursuant to section 810(fK3) of this Act to

State and local governments.

State and local governments.

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