# Does relocating a home trigger FHA compliance?



## Yikes (Apr 17, 2018)

I have a project that is relocating 2 historic homes, and building new carriage units behind them, onto a currently vacant lot.  Does FHA run with the property, or with the buildings?

To put it another way, the historic homes were built prior to 3/13/1991, but they were on another site.
FHA does not normally apply to alterations to dwelling units that old, but if they are relocated to a different site, are they considered "new" for purposes of that site?


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## Francis Vineyard (Apr 17, 2018)

The prescriptive code provisions for relocated buildings can be found in the IEBC administrative section for issuance of certificate of occupancy. The occupancy can continue as is unless there is a change of occupancy it shall meet the provision for the new occupancy as applicable.


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## steveray (Apr 17, 2018)

If you are using prescriptive compliance, it is "like new"

* 409.1 Conformance. Structures moved into or within the
jurisdiction shall comply with the provisions of this code for
new structures.
Moved structures generally are required to comply
with the provisions applicable to new construction.
The moved structure may comply with the alternative
provisions of Chapter 14 instead of the code requirements
for new structures, which may be particularly
useful if the moved structure is older than the effective
date of the adoption of the building codes within
the jurisdiction. The fire separation distance of the
moved structure must comply with requirements for
new structures even if the compliance alternative provisions
of Chapter 14 are used to meet the code
requirements.

But Ch. 13 has some relief....*


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## Francis Vineyard (Apr 17, 2018)

New construction will be the foundation of relocated building IMO.

In accordance to the FAIR HOUSING ACT DESIGN MANUAL FHA;

*Building Conversions*
If a building was used previously for a nonresidential purpose, such as a warehouse, office building, or school, and is being converted to multifamily housing, the conversion is not covered. The Fair Housing Act only applies to covered buildings for first occupancy after March 13, 1991. The regulations define “first occupancy” as “a building that has never before been used for any purpose.” See page 12 for additional discussion of “first occupancy.”

The Fair Housing Act does not require any renovations to existing buildings. Its design requirements apply to new construction only – to covered multifamily dwellings that are built for first occupancy after March 13, 1991. First occupancy is defined as “a building that has never before been used for any purpose.” See also “Definitions Used in the Guidelines,” page 16.

A building is not subject to the design requirements of the Fair Housing Act if:
*1.* it was occupied on or before March 13, 1991,

*– or –

2.* the last building permit or renewal thereof was issued by a state, county, or local government on or before June 15, 1990.

For a building to be considered occupied, the following criteria must be met:
*1. *a certificate of occupancy must have been issued,

*– and –

2. *at least one dwelling unit actually must be occupied.

*a. *For a building containing *rental units*, this means that a resident has signed a lease and taken possession of a unit. The resident must have the legal right to occupy the premises, but need not have physically moved in yet.

*b. *For a building containing *for-sale units*, this means that a new owner has completed settlement and taken possession of a unit. The new owner must have the legal right to occupy the premises, but need not have physically moved in yet.

A certificate of occupancy, or the fact that units are being offered for sale but not yet sold, would not be an acceptable means of establishing occupancy. For a project consisting of several buildings which are constructed in phases spanning the March 13, 1991 date, first occupancy will be determined on a building-by-building basis.


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## Yikes (Apr 19, 2018)

OK, so what I'm hearing is: even though the land has been vacant until now, because the buildings being moved onto the land were occupied prior to 3/13/1991, those buildings are exempt from FHA.


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## ADAguy (Apr 19, 2018)

? How did you see FHA being involved in the first place? A source of funding, your intended use of the houses?


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## Yikes (Apr 20, 2018)

ADAguy, there are 8 other, brand-new units being built on the site, but those are all 100% carriage units which are exempt from FHA.
It's just weird to have 10 new units with no accessibility, and I wonder if I'm missing something.


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## Francis Vineyard (Apr 20, 2018)

Nope.

Final Report of HUD Review of Model Building Codes, 65 Fed. Reg. at 15,746.

6. Are carriage house units -- where a dwelling unit is constructed above a garage -- covered by the Act’s design and construction requirements?

If an individual stacked flat unit incorporates parking that serves only that unit, and the dwelling footprint is located directly above and within the footprint of the garage below, the unit is treated like a multistory unit without an elevator. It is, therefore, not covered unless the dwelling unit level is on an accessible route. However, for example, where several flat units are located over a common garage, the units are covered, and the units and common garage must comply with the Act’s design and construction requirements whether or not the parking spaces are individually assigned or deeded to a specific unit.

See memorandum from HUD General Counsel, Frank Keating, to Gordon Mansfield, Assistant Secretary for FHEO (Dec. 16, 1991), reprinted in the Design Manual at back of Appendix C. See also

Design Manual at 1.29.6

Example 1: A residential building consists of 4 dwelling units in which each dwelling unit has a 2-car garage and the garage footprint is used as the footprint for the floors of the dwelling unit above. These are carriage houses and are not covered.

Example 2: A residential building consists of 4 dwelling units situated over 4 individual 2-car garages, and the garage footprint serves as the footprint for the dwelling unit above. However, the front of the dwelling unit is accessed at grade from the street and access to the garages is from a lower level at the rear. The dwelling unit level of these units is on an accessible route. Therefore these units do not qualify as carriage houses and must comply with the Act’s design and construction requirements.


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## VillageInspector (May 2, 2018)

In a related topic I have a historic home being moved over one lot and according to NYS IEBC Section 409 Moved structures- 409.1 Conformance . "Structures moved into or within the jurisdiction shall comply with the provisions of the International Building Code for new structures. " How do I get to the IBC rather than the IRC when its a two family structure that's being relocated ? If this were being built from the ground up today it would fall under the IRC not the IBC. Thoughts, opinions?


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## ADAguy (May 2, 2018)

"Very" interesting conumdrum you have, AHJ's determination to decide.


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