Accessibility Requirements for Fair Housing

PolicyFederal Fair Housing accessibility requirementsadvocates and completed in May 2000. HUD has
for new multifamily buildings should be written incertified that the building code language satisfies the
building code language certified as Fair Housingaccessibility requirements of the Fair Housing Act and
compliant by the Department of Housing and UrbanNAHB is promoting state and local adoption of the
Development (HUD). HUD should be vigilant incompliant code language. Federal promulgation of the
compliance education and assistance as is NAHB. Userequirements must still be intensified, however, if
of Fair Housing Initiatives Program funding forcompliance is to be improved.Addressing
enforcement actions should be curtailed. Anynoncompliance of existing covered buildings
enforcement actions should be reasonable and reflect(constructed for occupancy after March 13, 1991)
the lack of clear guidance available for complying withremains contentious. Federally funded private
the Act.BackgroundThe Fair Housing Amendmentsadvocacy groups and state and local housing
Act of 1988 requires new multifamily buildingsagencies, HUD, and the Department of Justice are all
constructed for first occupancy after March 13, 1991actively involved in current enforcement actions and
and consisting of four or more units to be accessiblewill continue to be. These actions are often
to disabled persons. HUD issued accessibility guidelinesthreatening, based on questionably broad
on March 6, 1991 and a supplementary design manualinterpretations of federal requirements, fail to reflect
in August 1996 to provide guidance on complyingthe lack of compliance assistance at the time of
with the law. But HUD's guidelines were poorlyconstruction, and divert resources that could
promulgated and not written in building codeotherwise be applied to more proactive
language, making it impractical for builders and localsolutions.SolutionsUrge HUD to maintain compliance
officials to define compliance, which has led toeducation as a priority and to actively participate in
conflicting interpretations and inadvertent failures tothe building code amendment process to help ensure
meet certain requirements.In response, building codebuilding code requirements are compliant with Fair
language was cooperatively developed by NAHB,Housing accessibility requirements.
HUD, the International Code Council, and disability