Policy
Federal Fair Housing accessibility requirements for new multifamily buildings should be written in building code language certified as Fair Housing compliant by the Department of Housing and Urban Development (HUD). HUD should be vigilant in compliance education and assistance as is NAHB. Use of Fair Housing Initiatives Program funding for enforcement actions should be curtailed. Any enforcement actions should be reasonable and reflect the lack of clear guidance available for complying with the Act.
Background
The Fair Housing Amendments Act of 1988 requires new multifamily buildings constructed for first occupancy after March 13, 1991 and consisting of four or more units to be accessible to disabled persons. HUD issued accessibility guidelines on March 6, 1991 and a supplementary design manual in August 1996 to provide guidance on complying with the law. But HUD's guidelines were poorly promulgated and not written in building code language, making it impractical for builders and local officials to define compliance, which has led to conflicting interpretations and inadvertent failures to meet certain requirements.
In response, building code language was cooperatively developed by NAHB, HUD, the International Code Council, and disability advocates and completed in May 2000. HUD has certified that the building code language satisfies the accessibility requirements of the Fair Housing Act and NAHB is promoting state and local adoption of the compliant code language. Federal promulgation of the requirements must still be intensified, however, if compliance is to be improved.
Addressing noncompliance of existing covered buildings (constructed for occupancy after March 13, 1991) remains contentious. Federally funded private advocacy groups and state and local housing agencies, HUD, and the Department of Justice are all actively involved in current enforcement actions and will continue to be. These actions are often threatening, based on questionably broad interpretations of federal requirements, fail to reflect the lack of compliance assistance at the time of construction, and divert resources that could otherwise be applied to more proactive solutions.
Solutions
Urge HUD to maintain compliance education as a priority and to actively participate in the building code amendment process to help ensure building code requirements are compliant with Fair Housing accessibility requirements. Further, urge HUD's timely review of compliant building codes and approval of them as a safe harbor for compliance with Fair Housing accessibility requirements and to develop a more reasonable approach to addressing non-compliance.
Continue to support and actively participate in ongoing education and training efforts to inform builders about accessibility requirements under the Fair Housing Act.
Maintain NAHB's Fair Housing Accessibility Education Accord with HUD as a demonstration of NAHB's commitment to improving compliance through education and continue participation in HUD funded compliance initiatives. Support the nationwide adoption of model accessibility building codes endorsed by HUD as providing a safe harbor for complying with the accessibility requirements of the Fair Housing Act.
Work with other interested groups, including building product manufacturers, disability advocates, real estate, and multifamily design and construction groups to promote education, outreach, and compliance with the accessibility requirements of the Fair Housing Act.
Urge HUD to prohibit the use of Fair Housing Initiatives Program funding for litigation.
Work with the Department of Justice to develop clear criteria for enforcing the accessibility requirements of the Fair Housing Act.
Support legislative or regulatory changes that would limit liability for industry members who were involved in the design and construction of non-compliant buildings due to a lack of clear guidance, and who made a good faith effort to meet the requirements of the law.
Neda Dabestani-Ryba is a licensed Realtor in Maryland. She is a member of the President's Circle of Top Real Estate Professionals. She can be reached at (800) 536-3806 or visit her website for more information: http://neda.dabestani.pcragent.com
Prudential Carruthers REALTORS is an independently owned and operated member of Prudential Real Estate Affiliates, Inc., a Prudential Financial company. Equal Housing Opportunity.
house refresh service Lincolnshire ..Veterans Affairs Employees using government credit cards on personal items?... Read More
Well, another election has come and gone in the US... Read More
Fuel costs seem to rank high in surveys of US... Read More
They do not allow the criticism of the president in... Read More
Utah introduced a bill designed to limit the use of... Read More
UNAUTHORIZED HACKINGThe term "computer hacking" traditionally describes the penetration into... Read More
A visitor to Moscow would be immediately struck by the... Read More
Political strategists, branding gurus and image consultants could learn a... Read More
Amnesty International comments on the proposal that has been laid... Read More
Recently the FTC, Federal Trade Commission put forth a report... Read More
Well we have certainly been reading a lot about prison... Read More
As of late steroid use in sports has been the... Read More
WE MUST PUT A STOP TO THE EVER-INCREASING PRICE OF... Read More
Policemen in many US cities are taking their new authority... Read More
Indonesia's Energy Minister, Purnomo Yusgiantoro, is unhappy with the modest... Read More
News is spreading of the retirement of Supreme Court Justice... Read More
An American soldier is taken behind enemy lines and brainwashed... Read More
Having been to every city in the country over the... Read More
At the start of the US involvement in WWII Joseph... Read More
Despite their signature on the Biological Weapons Convention of 1975,... Read More
A few hours ago, Colonel Ely Ould Mohamed Vall, the... Read More
For a short time I worked as a union officer... Read More
I applaud Monsanto for their R and D. I would... Read More
After arranging the Armistice that ended or settled outstanding issues... Read More
Why did the California energy crisis happen? Who is to... Read More
licensed cleaning services Lake Forest ..Regarding the issues with the Space Shuttle and the in... Read More
We have heard a lot about the coming bird flu... Read More
Each day the present geo-political reality confirms what The Tribulation... Read More
In an age of terrorism, guerilla and total warfare the... Read More
The recent first round of the Iranian elections somewhat resembled... Read More
As we increase our populations every new soul will require... Read More
Maybe some of the people complaining ought to go to... Read More
In the future when we decide to help nations vote... Read More
A coffee shop conversation about a Great Country in Historic... Read More
Is Ohio Manufacturing Sector really unable to compete in the... Read More
One question not addressed in GM Crops and Monsanto Terminator... Read More
Using Harmonic Beams to Pre-Detonate Shoulder Launched Surface to Air... Read More
After arranging the Armistice that ended or settled outstanding issues... Read More
At the start of the US involvement in WWII Joseph... Read More
Osama bin Laden probably needs to get a pay raise,... Read More
There's a new Michigan state register (at https://www.protectmichild.com/) in the... Read More
Conor MacDari was a Mason but his Masonry deplored the... Read More
"Like humans void of soul or mind, they jeered and... Read More
The CBR taxes the Pakistani source income of nonresident individuals... Read More
Last Summer the Federal Trade Commission came out with a... Read More
Legislation was introduced into Congress this week that would establish... Read More
The head of the Club of Rome has said that... Read More
When Pennsylvania Senator Arlen Spector exercised his right to free... Read More
Believe it or not, every theatre, church, or Britney Spears... Read More
The official figures are staggering: 35% of the workforce -... Read More
Political |