Waiting Game
Companies anticipate changes to the Americans With Disabilities Act.
For the first time since it was established 15 years ago, the Americans With Disabilities Act is getting an overhaul, and the multifamily industry is watching closely.
Jeanne Delgado, National Multi Housing Council The proposed changes are now published and awaiting approval by the Department of Justice, a process which could take several years as apartment firms wait to see when the new rules will take affect and which properties will be affected.
As uncertain as that sounds, “I don’t think there is any controversy over the changes,” says Jeanne Delgado, vice president of property management for the National Multi Housing Council. “The bigger concern is when they will become effective, and will current properties and those currently under construction be grandfathered.” NMHC advocates grandfathering those properties already in compliance with current rules and opposes any attempts to require retrofitting. NMHC also is asking for a minimum 18-month effective date once the new rules are approved.
Currently, ADA accessibility guidelines apply only to the public areas of both privately owned and publicly funded residential buildings, such as the leasing center and common spaces that are open to the public. One of the bigger proposed changes calls for publicly funded housing units to be governed by the ADA (they are currently regulated by the Uniform Federal Accessibility Standards). The changes also make the current guidelines more consistent with model building codes, such as the International Building Code.
The existing ADA guidelines remain effective until the new rules are approved. While owners and developers should familiarize themselves with the proposed changes, Joan Stein, president and CEO of ADA consulting firm Accessibility Development Associates, encourages people not to fully adopt the new guidelines until they are approved. Some of the proposals could change before they are finalized, she cautions.
–Rachel Z. Azoff
Executive Feedback
How are you coping with the shortage of cement?
Rocereto A: “The cement shortage has not affected BRE, because we work with large contractors who have buying power and purchase in volume. We are, however, anticipating some price increases this year.” –Pete Rocereto, vice president, construction, BRE Properties
Hutchinson A: “I really haven’t seen a concrete shortage and haven’t experienced any shortfall in product. We have eight projects underway, including large garden-style apartments. We use concrete in each one. We also haven’t experienced a price change. We buy our concrete slabs and lock down the pricing when we start the project. We also have not experienced any delays.” –Paul Hutchinson, interim president, Lane Realty Construction
Bench A: “[With] an increase of $15 to $20 per yard of concrete, the cost increase for a finish unit equates to about $2.50 per square foot. Actually, the direct cost increase of concrete is not the killer–it is the availability and delays caused by the lack of concrete that costs big bucks. Concrete is a part of almost every critical path in the scheduling process. If you can imagine the interest-carrying cost on a delay of 20 days for a $35 million project due to concrete shortage, now you’re talking about big money.” –Scott Bench, president, EastCoast Communities