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.
cleaning team near Mundelein ..The original vulgarity was bylined: ?The Constipation of America's Mid-East... Read More
Previously Senator Dick Armey and his staff in 2000 to... Read More
I would like to discuss a few issues we have... Read More
After 9-11 insurance rates on Independent Truck Drivers and smaller... Read More
You know now that North Korea is backing down on... Read More
OH MAN!Here we go again. I guess now the "proof... Read More
Mexican has tariffs on goods, which come into its country... Read More
Blessed with Chinese GDP growth rates (7-8% annually in each... Read More
Hitler received a legacy from his Rothschild relations in Vienna... Read More
IT'S NO LONGER NEWS THAT CHINA IS BECOMING A MAJOR... Read More
Why did FDR say Benjamin Franklin, Thomas Jefferson and Count... Read More
Freedom is in the eyes of the beholder. In Communist... Read More
Rush is right! The government's stepped up bid to regulate... Read More
The Organization for Economic Cooperation and Development issued a report... Read More
In discussing the OODA Loop theory on Limited War by... Read More
The furore in the BJP camp in India, triggered by... Read More
The great leader and Senator from New York and wife... Read More
The United States and other first world nations have been... Read More
Back-Dooring the CSIS:The US and Israel have admitted they back-doored... Read More
Three years ago I published a book of short stories... Read More
Roberto Calvo Macias, a young author and thinker from Spain,... Read More
Let's put the religious part of the debate for a... Read More
How much oil can travel through a pipeline? It depends... Read More
From the comfort of their plush offices and five to... Read More
America is filled with standouts and perserverance; our nation has... Read More
move out cleaning service Park Ridge ..IT'S NO LONGER NEWS THAT CHINA IS BECOMING A MAJOR... Read More
One question not addressed in GM Crops and Monsanto Terminator... Read More
I would like to discuss a few issues we have... Read More
Those of us hundreds of miles from ground zero sat... Read More
Aspartame activists are constantly being attacked because all data are... Read More
Our government is set up like a modern day franchise.... Read More
Much of our personal and cultural perspective on the world... Read More
President Bush and Secretary Powell should hang their heads in... Read More
Why did the California energy crisis happen? Who is to... Read More
The head of the Club of Rome has said that... Read More
You know we have sent many, many army tanks with... Read More
Every conflict has its economic moments and dimensions. The current... Read More
After arranging the Armistice that ended or settled outstanding issues... Read More
Just as everyone has breathed a sigh of relief at... Read More
History repeats itself, goes the cliche. It does so, perhaps,... Read More
Ethanol is a great way to produce fuel, great fuel... Read More
For more than a decade, you the American taxpayer have... Read More
China is serious about breaking into the bio-tech field and... Read More
Farmers will eventually be facing federal regulations involving air emissions... Read More
Predicting the future is a tricky business. There have been... Read More
As you know Delta Airlines is close to bankruptcy. Their... Read More
The more I study the dynamics of WWII the more... Read More
Everyone knows the United States Government often falls down in... Read More
Many are quick to point out the benefits of religion... Read More
News is spreading of the retirement of Supreme Court Justice... Read More
Political |