Fair Housing Act Design Manual - HUD User
F AIR H OUSING A CTD ESIGN M ANUALA M ANUALD ESIGNERSINTOA SSISTANDM EETINGB UILDERSTHEA CCESSIBILITY R EQUIREMENTSOF THEF AIR H OUSING A CTU. S. Departmentof Housing and Urban DevelopmentOffice of Fair Housing and Equal OpportunityOffice of Housing
F AIR H OUSING A CTD ESIGN M ANUALA M ANUALD ESIGNERSINTOA SSISTANDM EETINGB UILDERSTHEA CCESSIBILITY R EQUIREMENTSOF THEF AIR H OUSING A CTdesigned and developed byBarrier Free Environments, Inc.Raleigh, North CarolinaforThe U.S. Department of Housingand Urban DevelopmentOffice of Fair Housing and Equal Opportunityand the Office of HousingContract # 15903August 1996Revised April 1998
C REDITSProject DirectorRonald L. Mace, FAIAProject ManagerLeslie C. YoungTechnical AssistanceAuthorshipArchitectural Designand Conceptual IllustrationGraphic DesignIllustrationPhotographyCheryl Kent , FHEO, HUDLeslie C. YoungRonald L. MaceGeoff SifrinRonald L. MaceLeslie C. YoungRex J. PaceGeoff SifrinChristopher A. B. McLachlanRex J. PaceMark PaceKelly HoukLeslie C. YoungAcknowledgements Creation of this design manual involved the closecooperation of many people. Among them arethe reviewers and technical staff at the Departmentof Housing and Urban Development, includingCheryl Kent, Judy Keeler, Merle Morrow, AlanRothman, Nelson Carbonell, and Gail Williamson.Special appreciation to the Barrier FreeEnvironments, Inc. staff who contributed to thispublication, including Leslie Young, Rex Pace, andRon Mace. Special thanks also to Geoff Sifrin inSouth Africa and Lucy Harber.Every attempt was made with this projectto provide a concise and easy-to-follow guide onthe construction requirements of the Fair HousingAct. Our hope is that the construction and disability communities to whom this manual is directedwill be able to use and benefit from our efforts.
C ONTENTSPart Onepage 1I NTRODUCTIONPart TwoD ESIGN R EQUIREMENTSOF THEG UIDELINESpage 1.1Chapter One: R EQUIREMENT 1 – AccessibleBuilding Entrance on an Accessible Routepage 2.1Chapter Two: R EQUIREMENT 2 – Accessible andUsable Public and Common Use Areaspage 3.1Chapter Three: R EQUIREMENT 3 – Usable Doorspage 4.1Chapter Four: R EQUIREMENT 4 – AccessibleRoute into and Through the Covered Unitpage 5.1Chapter Five: R EQUIREMENT 5 – Light Switches,Electrical Outlets, Thermostats, and OtherEnvironmental Controls in Accessible Locationspage 6.1Chapter Six: R EQUIREMENT 6 – Reinforced Wallsfor Grab Barspage 7.1page 7.31Chapter Seven: R EQUIREMENT 7 – UsableKitchens and Bathrooms P ART A: Usable Kitchens P ART B: Usable BathroomsPart ThreeA PPENDICESpage A.1page B.1page C.1Product Resources and Selected References Fair Housing Accessibility Guidelines Supplemental Notice: Fair HousingAccessibility Guidelines: Questions and AnswersAbout the Guidelines
Part OneI NTRODUCTION
INTRODUCTIONI NTRODUCTIONT HE F AIR H OUSING A CTTitle VIII of the Civil Rights Act of 1968, com monly known as the Fair Housing Act, prohibitsdiscrimination in the sale, rental, and financing ofdwellings based on race, color, religion, sex, andnational origin. In 1988, Congress passed the FairHousing Amendments Act. The Amendmentsexpand coverage of Title VIII to prohibit discrimi natory housing practices based on disability1 andfamilial status. Now it is unlawful to deny therental or sale of a dwelling unit to a person becausethat person has a disability.As a protected class, people with disabilitiesare unique in at least one respect because they arethe only minority that can be discriminated againstsolely by the design of the built environment. TheFair Housing Act remedies that in part by estab lishing design and construction requirements formultifamily housing built for first occupancy afterMarch 13, 1991. The law provides that a failure todesign and construct certain multifamily dwellingsto include certain features of accessible design willbe regarded as unlawful discrimination.The design and construction requirementsof the Fair Housing Act apply to all new multifam ily housing consisting of four or more dwellingunits. Such buildings must meet specific designrequirements so public and common use spacesand facilities are accessible to people with disabili ties. In addition, the interior of dwelling unitscovered by the Fair Housing Act must be designedso they too meet certain accessibility requirements.The Fair Housing Act is intended to place“modest accessibility requirements on coveredmultifamily dwellings . These modest require ments will be incorporated into the design of newbuildings, resulting in features which do not lookunusual and will not add significant additionalcosts” (House Report 7112 at 25 and 18 ). FairHousing units are not fully accessible, nor are theypurported to be; however, new multifamily housingbuilt to comply with the Guidelines will be adramatic improvement over units built in the past.The Fair Housing Act gives people withdisabilities greater freedom to choose where theywill live and greater freedom to visit friends andrelatives. But the Fair Housing Act has other broadimplications. It proactively addresses the needs ofan evolving population, looking ahead at futureneeds. With the aging of the population and theincrease in incidence of disability that accompaniesaging, significant numbers of people will be able toremain in and safely use their dwellings longer. Forexample, housing designed in accordance with theFair Housing Act will have accessible entrances,wider doors, and provisions to allow for easyinstallation of grab bars around toilets and bath tubs, i.e., features that make housing safer andmore responsive to all users.1The Fair Housing Act statute uses the term “handicap”; however, this manual uses the terms “disability” or“persons with disabilities” to the greatest extent possible to be consistent with current preferred terminologyas reflected in the Americans with Disabilities Act of 1990.2House Report No. 711, 100th Congress, 2nd Session1
PART ONEFAIR HOUSING ACT DESIGN MANUALT HE R OLEOFHUDThe U.S. Department of Housing and UrbanDevelopment (HUD) is the Federal agency respon sible for enforcement of compliance with the FairHousing Act. On January 23, 1989, HUD pub lished its final rule implementing the Fair HousingAct. In the preamble to this rule, HUD indicatedthat it would provide further guidance on meetingthe new construction requirements of the Act bydeveloping accessibility guidelines. The preamblestated that until these guidelines are published,designers and builders may be guided by therequirements of the ANSI A117.1-1986 AmericanNational Standard for Buildings and Facilities –Providing Accessibility and Usability for PhysicallyHandicapped People. More information on theANSI standard appears on page 13.The final Fair Housing AccessibilityGuidelines (the Guidelines) were published onMarch 6, 1991 (56 Federal Register 9472-9515,24 CFR3 Chapter I, Subchapter A, Appendix IIand III). The Guidelines provide technical guid ance on designing dwelling units as required by theFair Housing Act. The Guidelines are not manda tory, but are intended to provide a safe harbor forcompliance with the accessibility requirements ofthe Fair Housing Act. The Guidelines are includedin this manual as Appendix B.The Guidelines published on March 6,1991, remain unchanged. However, on June 28,1994, HUD published a supplemental notice tothe Guidelines, “Supplement to Notice of FairHousing Accessibility Guidelines: Questions andAnswers About the Guidelines.” This supplementalnotice reproduces questions that have been mostfrequently asked by members of the public, and3CFR Code of Federal Regulations2HUD’s answers to those questions. The Supplementalso is included in this manual as Appendix C.Under the Fair Housing Act, HUD is notrequired to review builders’ plans or issue a certi fication of compliance with the Fair Housing Act.HUD prepared the Guidelines and will answertechnical questions. HUD also provides this pub lication as additional guidance.The burden of compliance rests with theperson or persons who design and construct coveredmultifamily dwellings. HUD or an individual whothinks he or she may have been discriminatedagainst may file a complaint against the buildingowner, the architect, the contractor, and any otherpersons involved in the design and construction ofthe building. See page 22 for additional informationon enforcement.T HE P URPOSEOF THEM ANUALThis design manual has been produced by HUDto assist designers, builders, and developers inunderstanding and conforming with the designrequirements of the Fair Housing Act. It containsexplanations and uses detailed illustrations toexplain the application of the Guidelines to allaspects of multifamily housing projects.The manual consists of three parts:Part One: T HE I NTRODUCTION contains anoverview of the Fair Housing Act, outlines othernational laws and standards that regulate accessibledesign, presents the types of buildings/dwellingsthat are covered by the Fair Housing Act, andgives a brief discussion of the different types ofdisabilities.
INTRODUCTIONPart Two: T HE D ESIGN R EQUIREMENTSTHEOFG UIDELINES is a detailed, illustrated explana tion of the seven requirements of the Fair HousingAccessibility Guidelines.Part Three: T HE A PPENDIX contains additionalinformation that may be useful to anyone needingto be familiar with the design requirements of theFair Housing Act. Included are a list of productresources, a list of selected references, a reprint ofthe Guidelines, and a reprint of the SupplementalNotice to the Guidelines.L AWSTHATC ODESM ANDATE A CCESSIBILITYANDOver the past two and a half decades, severalstatutes have been enacted at various levels ofgovernment that ensure nondiscrimination againstpeople with disabilities, both in the design of thebuilt environment and in the manner that pro grams are conducted. Even though this manualaddresses the application of the Fair Housing Actand the Guidelines, certain dwellings, as well ascertain public and common use areas, may becovered by several of the laws listed below. A briefsynopsis of the landmark legislation follows toshow where the Fair Housing Act fits into theoverall history of accessibility legislation.T HE A RCHITECTURALB ARRIERS A CT (1968)This Act stipulates that all buildings, other thanprivately owned residential facilities, constructed byor on behalf of, or leased by the United States, orbuildings financed in whole or in part by theUnited States must be physically accessible forpeople with disabilities. The Uniform FederalAccessibility Standards (UFAS) is the applicablestandard.S ECTION 504 OF THER EHABILITATION A CT (1973)Under Section 504 of the Rehabilitation Act of1973 as amended, no otherwise qualified indi vidual with a disability may be discriminatedagainst in any program or activity receiving federalfinancial assistance. The purpose of Section 504 isto eliminate discriminatory behavior toward peoplewith disabilities and to provide physical accessibil ity, thus ensuring that people with disabilities willhave the same opportunities in federally fundedprograms as do people without disabilities.Program accessibility may be achieved bymodifying an existing facility, or by moving theprogram to an accessible location, or by makingother accommodations, including construction ofnew buildings. HUD’s final regulation for Section504 may be found at 24 CFR Part 8. Generally,the UFAS is the design standard for providingphysical accessibility, although other standardswhich provide equivalent or greater accessibilitymay be used.T HE F AIR H OUSING A CTAS A MENDEDOF1968,The Fair Housing Act provides equal opportunitiesfor people in the housing market regardless ofdisability, race, color, sex, religion, familial status ornational origin, regardless of whether the housing is3
PART ONEFAIR HOUSING ACT DESIGN MANUALpublicly funded or not. This includes the sale,rental, and financing of housing, as well as thephysical design of newly constructed multifamilyhousing. The Fair Housing Act is discussed in moredetail in the next section, “General Provisions ofthe Fair Housing Act.”T HE A MERICANS WITHD ISABILITIES A CT (1990)The Americans with Disabilities Act (ADA) is abroad civil rights law guaranteeing equal opportu nity for individuals with disabilities in employ ment, public accommodations, transportation,state and local government services, and telecom munications. Title III of the Act covers all privateestablishments and facilities considered “publicaccommodations,” such as restaurants, hotels, retailestablishments, doctors’ offices, and theaters.People with disabilities must have equal opportu nity in these establishments, both in terms ofphysical access and in the enjoyment of services.Title II of the ADA applies to all programs, ser vices, and activities provided or made available bypublic entities. With respect to housing, thisincludes, for example, public housing and housingprovided for state colleges and universities.Under Title I of the ADA, employers maynot discriminate in hiring or firing, and mustprovide reasonable accommodations to personswith disabilities, such as providing special equip ment or training and arranging modified workschedules. A discussion of the relationship betweenthe ADA and the Fair Housing Act appears onpage 2 of the “Supplement to Notice of FairHousing Accessibility Guidelines: Questions andAnswers About the Guidelines” at Appendix C.4S TATEANDL OCAL C ODESAll states and many cities and counties havedeveloped their own building codes for accessibil ity, usually based in whole or in part on the specifi cations contained in the major national standardssuch as ANSI and UFAS. Many states also havenondiscrimination and fair housing laws similar tothe Fair Housing Act and the Americans withDisabilities Act.When local codes differ from the nationalstandard, either in scope or technical specification,the general rule is that the more stringent require ment should be followed. Many states also haveprovisions that a certain percentage (often 5%) ofnew multifamily housing must meet more stringentphysical accessibility requirements than requiredunder the Fair Housing Act. In such cases, both thestate’s mandated percentage of accessible units mustbe provided and all dwellings covered by the FairHousing Act must meet the Guidelines.G ENERAL P ROVISIONSOF THE F AIR H OUSING A CTThe 1988 amendments to the Fair Housing Actextend to persons with disabilities and to familieswith children the same kinds of nondiscriminationprotections afforded to persons based on race,color, religion, sex, and national origin. Thus, theFair Housing Act protects persons with disabilitiesfrom discrimination in any activities relating tothe sale or rental of dwellings, in the provisionof services or facilities in connection with suchdwellings, and in the availability of residential realestate related transactions.
INTRODUCTIONThe Fair Housing Act covers most types ofhousing. In some circumstances it exempts owneroccupied buildings with no more than four units,single-family housing sold or rented without theuse of a broker, and housing operated by organiza tions and private clubs that limit occupancy tomembers.The design and construction requirementsof the Fair Housing Act and the Guidelines applyonly to new construction of housing built for firstoccupancy after March 13, 1991. Those require ments are the focus of this manual; however, a briefdiscussion follows on the effect of the Fair HousingAct on policies and procedures in both new andexisting multifamily housing developments.The broad objective of the Fair HousingAct is to prohibit discrimination in housingbecause of a person’s race, color, national origin,religion, sex, familial status, or disability. To ensurethat persons with disabilities will have full use andenjoyment of their dwellings, the Fair Housing Actalso includes two important provisions: one, aprovision making it unlawful to refuse to makereasonable accommodations in rules, policies,practices, and services when necessary to allow theresident with a disability equal opportunity to usethe property and its amenities; and two, a provisionmaking it unlawful to refuse to permit residentswith disabilities to make reasonable modifications to either their dwelling unit or to the publicand common use areas, at the residents’ cost.R EASONABLE A CCOMMODATIONSUnder the Fair Housing Act, it is unlawful for anyperson to refuse to make reasonable accommoda tions in rules, policies, practices, or services whensuch accommodations may be necessary to afford aperson with a disability equal opportunity to useand enjoy the dwelling. For example, in buildingswith a “no pets” rule, that rule must be waived fora person with a visual impairment who uses aservice dog, or for other persons who use serviceanimals. In buildings that provide parking spacesfor residents on a “first come, first served” basis,reserved parking spaces must be provided ifrequested by a resident with a disability who mayneed them. Sales material for apartments may needto be provided in a format so an individual with avisual disability may access the information.R EASONABLE M ODIFICATIONSWhen a resident wishes to modify a dwelling unitunder the reasonable modification provisions of theFair Housing Act, the resident may do so. Thelandlord/manager may require that the modifica tion be completed in a professional manner underthe applicable building codes, and may also requirethat the resident agree to restore the interior of thedwelling to the condition that existed before themodification, reasonable wear and tear excepted.Landlords may not require that modifica tions be restored that would be unreasonable, i.e.,modifications that in no way affect the nextresident’s “enjoyment of the premises.” For ex ample, in existing construction, a resident needsgrab bars and pays to have the original wall rein forced with blocking between studs so grab barscan be securely mounted. It would be reasonable torequire that the resident remove the grab bars atthe end of the tenancy; however, it would beunreasonable to require that the blocking beremoved since the reinforced wall would not5
PART ONEFAIR HOUSING ACT DESIGN MANUALinterfere with the next resident’s use and enjoymentof the dwelling unit and may be needed by somefuture resident.However, if a resident who uses a wheelchair were to remove a kitchen base cabinet andmount a lowered countertop to a height suitable forhis or her use, the landlord may condition permis sion on the resident agreeing to restore the cabinetto its original condition when the resident vacatesthe unit. On the other hand, if a resident who usesa wheelchair finds that the bathroom door in thedwelling unit is too narrow to allow his or herwheelchair to pass, the landlord must give permis sion for the door to be widened, at the resident’sexpense. The landlord may not require that thedoorway be narrowed at the end of the resident’stenancy because the wider doorway will not inter fere with the next resident’s use of the dwelling.Residents also may make modifications tothe public and common use spaces. For example, inan existing development it would be consideredreasonable for a resident who uses a wheelchair tohave a ramp built to gain access to an on-sitelaundry facility. Modifications of this type are notrequired to be returned to their original condition.If a resident cannot afford such a modification, theresident may ask a friend to do his or her laundry inthe laundry room, and the landlord must waive anyrule that prohibits nonresidents from gaining accessto the laundry room.Regarding the cost of special modificationsin new construction, builders or landlords areresponsible only for meeting the design require ments specified by the Fair Housing Act. If aparticular resident intends to buy a unit and needsadditional modifications to meet the needs of his orher disability, then the resident may ask for such6modification and
page 2.1 page 3.1 page 4.1 page 5.1 page 6.1 page 7.1 page 7.31 Part Three page A.1 page B.1 page C.1 INTRODUCTION DESIGN REQUIREMENTS OF THE GUIDELINES Chapter One: REQUIREMENT 1 – Accessible Building Entrance on an Accessible Route Chapter Two: REQUIREMENT 2
Fair lending guarantees the same lending opportunities to everyone. Is there a law that protects my fair lending rights? Yes. The federal Fair Housing Act protects your fair lending. rights. The Oice of Fair Housing and Equal Opportunity. enforces the federal Fair Housing Act and state and local enforcement agencies enforce fair housing laws .
Rights Act of 1968.) This booklet deals mostly with the Fair Housing Act (FHA). Iowa also has a fair housing law. It is similar to the federal law. Other federal laws that deal with housing discrimination include: Americans With Disabilities Act (see page 13) Section 504 of the Rehabilitation Act of 1973 (see page 15) The Fair Housing Act (FHA)
Basics of Fair Housing Learning Objectives Understand Understand how the history of housing discrimination affects the kind of segregation and housing discrimination we see today. Apply. Be equipped to apply the Fair Housing Act to address housing discrimination complaints that are received today. Engage
8 Office of Enforcement Alternative Mortgage Transaction Parity Act (AMTPA) Consumer Financial Protection Act (Title X of Dodd-Frank) Consumer Leasing Act (CLA) Electronic Fund Transfer Act Equal Credit Opportunity Act (ECOA) Fair Credit Billing Act (FCBA) Fair Credit Reporting Act (FCRA) Fair Debt Collection Practices Act (FDCPA) Federal Deposit Insurance Act (FDIA)
2003: CRS launches Fair Trade Coffee Project 2004: CRS generates more than 1 million in Fair Trade sales 2004: United Students for Fair Trade Converge! 2005: CRS launches Raise Project 2005: 750 Fair Traders participate in Fair Trade Futures 2005: USCCB endorses Fair Trade 2006: Fair Trade Fund tops 200,000 grant mark
Weber’s life chances, sociology’s “neighborhood effects,” and fair housing law’s “loss of housing opportunity” damages.20 In conclusion, this article will argue for a more expansive view of lost housing opportunity damages in fair housing enforcement cases, going beyond the traditional view of damages to
6 of 2001, Act No. 7 of 2002, Act No. 15 of 2003, Act No. 4 of 2004, Act No. 6 of 2005, Act No. 10 of 2006, Act No. 9 of 2007, Act No. 8 of 2008, Act No. 8 of 2009, Act No. 10 of 2010, Act No. 4 of 2012.] PART I - PRELIMINARY 1. Short title and commencement This Act may be cited as the Income Tax Act, 1973 and shall, subject to the
4. Furthering Fair Housing and the Analysis of Impediments to Fair Housing 86 5. Land use and zoning policies and practices 101 6. Investment of Public Resources & State Fair Housing Leadership 110 7. Regional Economic Development and Regional Coordination 864 8.
