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<br />In the case of multifamily rental housing, projects of five or more units must be designed <br />and constructed to be readily accessible to and usable by persons with disabilities. For <br />new construction involving five or more units, and substantial rehabilitation projects of 15 <br />or more units (with substantial rehabilitation defined as rehabilitation costs representing <br />75 percent or more of the replacement costs of the completed facility), the following <br />requirements must be followed - a minimum of 5 percent of the dwelling units must be <br />accessible to individuals with mobility impairments and an additional 2 percent <br />accessible to individuals with sensory impairments. At the minimum, one unit shall be <br />made accessible to mobility-impaired individuals and one unit accessible to sensory <br />impaired individuals. When less than substantial rehabilitation is undertaken in multifamily <br />rental housing projects of any size, these alterations must, to the maximum extent <br />feasible, make the dwelling units accessible to and usable by individuals with disabilities, <br />until a minimum of 5 percent of the dwelling units (but not less than one unit) are <br />accessible to persons with mobility impairments; for this category of less than substantial <br />rehabilitation, the additional 2 percent of the units for persons with sensory impairments <br />does not apply. Also for this category of rehabilitation, if undertaking accessibility <br />alterations imposes undue financial and administrative burdens on the operation of the <br />multifamily housing project, the alterations are not required. <br /> <br />In the case of non-housing facilities involving new construction, the facilities shall be <br />designed and constructed to be readily accessible to and usable by persons with <br />disabilities. For facilities involving alterations, to the extent possible, the alterations should <br />ensure that such facilities are readily accessible to and usable by individuals with <br />disabilities. An element of an existing non-housing facility need not be made accessible, <br />if doing so, would impose undue financial and administrative burdens on the operation <br />of the recipient program or activity. (However, state law will prevail if state accessibility <br />requirements are stricter than federal 504 requirements.) Recipients are still required to <br />take other actions that would ensure that persons with disabilities receive the benefits <br />and services of the program. <br /> <br />E. Davis-Bacon Act, which requires that all laborers and mechanics employed by <br />contractors or subcontractors on construction work financed in whole or in part with <br />Federal funds shall be paid prevailing wages of the locality as determined by the <br />Secretary of Labor. <br /> <br />F. Section 3, Housing & Urban Development Act of 1968. For all programs receiving <br />$100,000 or more, or construction projects receiving $200,000 or more, of HUD financial <br />assistance, to the greatest extent feasible, economic opportunities will be given to <br />Section 3 residents and businesses in the area. Section 3 Residents are defined as: 1) <br />residents of public housing; or 2) low and very-low income persons living in the area. <br />Section 3 Businesses are defined as businesses: 1) that are at least 51 % owned by Section <br />3 Residents; 2) whose permanent, full-time employees include persons, at least 30 <br />percent of whom are currently Section 3 residents, or within three years of the date of <br />first employment with the business concern were Section 3 residents; or 3) that provide <br />evidence of a commitment to subcontract in excess of 25 % of the dollar award of all <br />subcontract to be awarded to a Section 3 business concern. Contractors must maintain <br />appropriate documentation of their efforts to comply with Section 3 requirements. <br /> <br />DOH Rev. 06/09 <br />Rev Fair Oaks Contract 073009 <br /> <br />16 <br />