Fair Housing

• Preliminary reviews from schematic to completion of construction documents.
• Site inspections from framing to completion. Typically, one to three assessments broken into stages with final inspection once the project is complete.
• Detailed report at each phase.
• Due-diligence surveys for existing fair housing facilities.

Effective March 8, 2021, the following will be additional safe harbors for multifamily fair housing projects: 

• ICC        A117.1 - 2009
• 2009      International Building Code
• 2012      International Building Code
• 2015      International Building Code
• 2018      International Building Code

The Fair Housing Act applies to the design and construction of new multifamily facilities with four or more dwelling units built for first occupancy after March 13, 1991. There are seven requirements which must be met.

• Requirement 1. An accessible building entrance on an accessible route.
• Requirement 2. Accessible public and common use areas.
• Requirement 3. Usable doors.
• Requirement 4. Accessible route into and through the dwelling unit.
• Requirement 5. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations.
• Requirement 6. Reinforced walls for grab bars.
• Requirement 7. Usable kitchens and bathrooms.

Currently, there are ten safe harbors, the last one being the loose-leaf version of the 2006 International Building Code (IBC). You can find them here: 

https://fairhousingfirst.org/faq/safeharbors.html

By adopting the more current codes, which in some instances provide for greater accessibility, it allows designers and builders to use the IBC adopted by their state or local building official.

The scoping and regulations of the Fair Housing Act and the Guidelines remain the same and must be adhered to. For the safe harbor documents the scoping is found in the IBC and the technical requirements are found in the corresponding ANSI A117.1. Moving forward HUD may "...propose new safe harbors by Federal Register notice. HUD would provide a minimum 30-day public comment period and, after considering public comment, publish a final notice announcing any new safe harbor."

With a 15-year gap since the last safe harbor there are differences between the documents. Per HUD response to comments "...those differences do not result in decreased accessibility. Nor are they inconsistent with the [Fair Housing] Acts requirement." An example given from the comments points out for Specification A bathrooms, all the fixtures must comply meaning where a dual vanity is provided both sinks must comply. The A117.1-2009 only requires one of the sinks to be accessible. 

This document can be found at: https://www.federalregister.gov/documents/2020/12/08/2020-26376/fair-housing-act-design-and-construction-requirements-adoption-of-additional-safe-harbors

Federal Register/Vol. 85, No. 236/Tuesday, December 8, 2020/Rules and Regulations        78961