FAIR HOUSING - Cohousing

FAIR HOUSINGin layman’s terms

Institute for Human Centered Design Joshua RuckerProject Director DCRC/ FHA FIRST

LAWS

Fair Housing Act (1968)Americans with Disabilities Act (1990)Section 504 of the Rehabilitation Act (1973)

LAWS

Title VI of the Civil Rights Act (1968)Section 109 of the Housing and Community Development Act (1974)Architectural Barriers Act (1968)Age Discrimination Act (1975)

additional

AMERICANS w/ DISABILITIES ACT (ADA)

The ADA is a Federal civil rights law that prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications.

REHABILITATION ACT

Prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors.

Title VIII of the Civil Rights Act of 1968, as amended in 1988, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status, and handicap (disability).42 U.S.C. §§ 3601 - 3619.HUD Regs. 24 CFR Part 100

FAIR HOUSING ACT (FHA)

LAWS vs STANDARDS

Laws are basic principles governing action. Sometimes enforced by a controlling authorityStandards are the technical specifications for design and constructionFailure to follow standards results in a violation of the law

WHO MUST FOLLOW THE LAW

WHO IS LIABLE

If a person who uses crutches is denied his request for an accessible parking place by management for a condo association?

If an architect designs an inaccessible unit in apartment complex covered by a law?

If a person with a disability is refused an apartment because he uses a wheelchair?

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)

HUD's mission is to increase homeownership, support community development and increase access to affordable housing free from discriminationHUD is charged by law to implement and enforce a wide array of civil rights laws, not only for members of the public in search of fair housing, but for HUD funded grant recipients as well

FAIR HOUSING and EQUAL OPPORTUNITY

The Office of Fair Housing and Equal Opportunity administers federal laws and establishes national policies that make sure all Americans have equal access to the housing of their choice.

FHA ENFORCEMENT

Federal Enforcement- HUD and DOJ

State Enforcement- Fair Housing Assistance Program- Fair Housing Initiatives Program

Private Lawsuit EnforcementInjunctive Relief

ENFORCEMENT

Rarely does a person or entity doing the discriminating announce that discrimination is the reason why an adverse action is taken

Under the law, even people who do not mean to discriminate are responsible for discrimination. Even if the person intended something good to happen, they can still be found to have acted illegally

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EXAMPLES OF DISCRIMINATIONRefusing to rent to a family with children. Restricting families with children to certain buildings or floors. Requiring families with children (or any protected group) to pay higher deposits. Steering (directing) any protected group to certain parts of a community. Stating that a unit is not available when it is. Refusing to make loans in certain neighborhoods. Suggesting that a person can pay for their deposit with sexual favors. Asking a person with a disability if they really are allowed to live on his or her own. Refusing to allow a person who is visually impaired to move into a unit with their assistance animal. Requiring a pet special security deposit for a person who is qualified for an assistance animal. Building a large, new apartment building that has no accessible units. Advertising a unit using terms like: Christian couple wanted; adults only or ideal for one person. Not offering homeowners insurance for persons living in certain neighborhoods. Discriminating in the appraisal of property

AVOID DISCRIMINATION

Incorporate principles of non-discrimination at planning stage

Think ahead of how residents will be treated or how a building will be designed

Treat people the same, by the rules, if they are in the same position and examine the rules to make sure they don’t unintentionally discriminate

COST OF NON-COMPLIANCE

FHA authorizes compensatory damages, both for out of pocket expenses and for the emotional distress caused by discrimination

A court may award punitive damages based on a FHA violation against one or more wrongdoers

Purpose of punitive damages is to deter future wrongdoing and to punish past wrongdoing

Title VIII of the Civil Rights Act of 1968, as amended in 1988, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status, and handicap (disability).

FAIR HOUSING ACT (FHA)

HISTORY OF THE FHA

Dr. Martin Luther King, Jr’s assassinated on April 4th, 1968On April 11th, 1968, President Lyndon Johnson signed the Civil Rights Act of 1968

HISTORY OF THE FHA

Title VIII was amended in 1988 by the Fair Housing Amendments Act (FHAA), which:

expanded the coverage of the Fair Housing Act to prohibit discrimination based on disability or on familial statusestablished new administrative enforcement mechanismsrevised and expanded Justice Department jurisdiction

continued

WHAT IS COVERED?

The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.

FHAA DEFINITION OF PERSON W/DISABILITY

Sec. 802. [42 U.S.C. 3602] Definitions"Handicap" means, with respect to a person--1. a physical or mental impairment which substantially

limits one or more of such person's major life activities,2. a record of having such an impairment, or 3. being regarded as having such an impairment, but such

term does not include current, illegal use of or addiction to a controlled substance

DESIGN FOR THE FUTURE

An increasing number of Americans prefer to age in place Number of people 65 and older will double by 2030, and they will be 20% of the population

REASONABLE MODIFICATIONSec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices

a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.

REASONABLE MODIFICATIONS: COMMON EXAMPLES

Installation of grab barsHandrailsSignaling devicesRampsInterior door hardwareWidening of a doorway

REASONABLE ACCOMMODATIONDEFINITION

Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices

a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling;

REASONABLE ACCOMMODATIONS: COMMON EXAMPLES

ParkingAssistive AnimalsRent payment plansEarly termination of leaseRelocation to a more accessible unitExtension of search time for relocation

FHA SCOPING AND COVERAGE

The Fair Housing Act design and construction requirements apply to “covered multifamily dwellings” designed and constructed “for first occupancy” after March 13, 1991.

“Covered multifamily dwellings” include:All dwelling units in buildings containing fouror more units, with an elevatorAll ground floor units in buildings containingfour or more units, without an elevator

FHA SCOPING AND COVERAGEcontinued

FHAA DESIGN AND CONSTRUCTION SAFE HARBORS

1. FHAA Guidelines with Supplemental Q&A 2. Fair Housing Design Manual with FHAA3. ANSI A117.1-1986 with FHAA, HUD's regs., Guidelines4. CABO/ANSI A117.1 -1992 with FHAA, HUD's regs, Guidelines5. ICC/ANSI A117.1-1998 with FHAA, HUD's regs, Guidelines6. Code Requirements for Housing Accessibility 20007. International Building Code 2000 (IBC) with 2001 Supplement8. International Building Code 2003 with a HUD condition9. International Building Code 2006 with errata10. ANSI A117.1-2003 with FHAA

SECTION 504 OF THE REHAB ACT

Applies to organizations and agencies that receive direct federal funds (colleges, group homes, housing developers)

Civil rights law

Enforced by the federal agency that distributes the funds and courts

Use that agency’s Section 504 Regs and generally, the Uniform Federal Accessibility Standard (UFAS) for housing

ADA-HOUSING

Civil rights law

Enforced by HUD and Department of Justice

Title II applies to state/local govt. funded housing (public housing authorities, city housing program); includes state college and university housing

ADA Standards for Accessible Design or UFAS

Title III applies to public accommodations within residential facilities such as leasing office or community building if rented or available to the general public

ADA Standards for Accessible Design

Ground floor units are defined as the first level of units above grade. If the first floor containing dwelling units is above grade, units on that floor are covered and must have an accessible entrance on an accessible route.

GROUND FLOOR UNITS

Unit on grade level establishes that as ground floor.

GROUND FLOOR UNITScontinued

FHA MULTI-STORY UNITS

Story served by elevator must be unit’s primary entry

Must contain a usable bathroom or powder room

Must comply with design requirements 3-7

FHA MULTI-STORY UNITS

A Multi-level unit with an internal elevator must meet FHAA D&C Requirements 1-7.

continued

FHAA SEVEN DESIGN REQUIREMENTS1. Accessible primary building entrance on an accessible route

2. Accessible and usable public and common use areas

3. Primary entrance and common use area doors must be accessible. Secondary doors must be useable by persons in wheelchairs.

4. Accessible route into and through covered dwelling unit

5. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations

6. Reinforced walls for grab bars

7. Kitchens and bathrooms must be designed to be useable by persons in wheelchairs

SITE ACCESS

There must be an accessible route that connects the vehicular and pedestrian arrival points to an accessible primary entrance

Exception for site impracticality due to terrain or unusual site characteristics for multifamily buildings without common use elevators

FHA SITE PLAN

ENTRANCESFHAA COMPLIANT

REQUIREMENT 1 –

Accessible building entrance on an accessible route

ENTRANCES

Primary entrances are required to be accessible. Secondary entrances are not covered.

COMMON USE

REQUIREMENT 2 –Accessible Public and Common-Use Areas

COMMON USE ELEMENTS - CLUBHOUSE

AAB requires accessinto pool

PARKING

A minimum of 2% of the parking spaces serving covered dwelling units must be made accessible and located on an accessible route

PARKINGcontinued

FHAA DOORS

REQUIREMENT 3 –USABLE DOORS

Primary and Common Use Doors32” absolute min. clearClear floor space at accessible doors onlyDoor hardware must be easy to use without excessive pinching, grasping or twisting

Secondary Doors32” nominal for secondary doors

FHAA DOORS32” nominal for secondary doors

continued

ACCESSIBLE ROUTE

REQUIREMENT 4 –Accessible route into and through the dwelling unit

CONTROLS IN UNIT

REQUIREMENT 5 –Accessible:

Light switches Electrical outletsEnvironmental controls

NOT COVERED: circuit breakers; fuse boxes, appliance controls, outlets for specific stationary appliances such as refrigerators or stoves.

REINFORCEMENT

REQUIREMENT 6 –Reinforced walls for grab bars

USABLE KITCHENS and BATHROOMS

REQUIREMENT 7

FHAA BATHROOM

FHAAKITCHENS

30” by 48” min. parallel, clear floor space centered on each fixture

FHAA KITCHENS

40” min. between range or refrigerator and opposing base cabinet

continued

FHAA U-SHAPED KITCHEN

60” min diameter turning circle IF range, sink or cook top at the base

Exception: if an easily removable base cabinet below sink or cook top – then 40” allowed. Knee hole must be a finished surface.

DECISION PROCESS

1. New construction, alteration, addition2. How many units3. Is there an elevator in the building4. Cost of alterations, date of alterations5. Who owns it (private, state, local, etc.)6. For lease or for sale (rental or condos)7. Where is it (state requirements – AAB, IBC)8. Does the organization/agency receive federal

funds9. State or local govt. funds10. When was it built or first occupied

6 CHARACTERISTICS OF COHOUSING

1. Participatory Process2. Neighborhood Design3. Common Facilities4. Resident Management5. Non-hierarchical structure and decision-

making6. No shared community economy

RESOURCES

Design and Construction Resource Center1888-341-7781

Fair Housing and Equal Opportunity 1800-669-9777