Can a unit have a loft or a sunken living room, and still be compliant with the Acts requirements?
Yes, as long as the loft, or sunken living room, does not interrupt the required accessible route throughout the rest of the unit. A loft (defined as an intermediate level between the floor and the ceiling of a story, located within a room) may be provided without providing an accessible route to the loft. A unit with a loft is treated as a single-story unit; therefore inclusion of a loft does not make a unit a multistory townhouse that is not covered by the Fair Housing Act’s requirements because a loft is not the same as a second story. The Guidelines specify that kitchens and all bathrooms, including powder rooms, must be on an accessible route; therefore a kitchen, bathroom, or powder room may not be located in a loft, or in a raised or sunken area, unless an accessible route is provided to the loft. Because a unit with a loft is a single-story unit, all primary or functional living spaces must be on an accessible route. Secondary living spaces, such as a den, play area, or an addi
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