This means different things depending on how you look at it. For individuals with plans to buy or rent a house, the Fair Housing Act means that in the event you may fall victim to discrimination on the basis of race, skin color, sex, nationality, religion, family status, or disability, you have legal grounds to fight for the rights given to you by the FHA. The 1988 amendments to the act offered the same protections to people with disabilities along with several specific protections for the disabled community. These rights include but are not limited to the following:
- Reasonable Accommodations and Modifications – the allowance of reasonable accommodation and modifications is a responsibility that falls to landlords, housing providers, and property managers, not designers and architects. As a result of the Fair Housing Act, landlords, housing providers, and property managers are required to make and/or allow reasonable accommodations to their rules and requirements as well as reasonable modifications to their property when they are deemed necessary afford a person with a disability equal opportunity to use and enjoy a dwelling. Examples of reasonable accommodations include waving a no-pet policy if the tenant has a service animal and, in multifamily structures, having reserves parking spaces for people with disabilities. Examples of reasonable modifications include altering kitchen countertops heights that are more accessible, adding ramps to the entrances and exits, and allowing tenants to install stair lifts in their personal spaces. In some cases where modifications to the structure are made (such as adding ramps or altering countertops) the tenant may be required to sign a contract agreeing to restore the property to its original condition upon moving out.
- Architectural, Design, and Construction Requirements – Buildings built after March 13, 1991, with four or more units, are required to adhere to specific design requirements outlined in the amended Fair Housing Act. These specifications include doors wide enough to accommodate wheelchairs, wheelchair-accessible common areas and other areas intended for public use (such as communal gathering rooms and laundry rooms). Each structure must have a certain number of accessible units as outlined in the FHA. These units have additional required specifications such as accessible light switches, accessible thermostats, accessible outlets, reinforced bathroom walls to allow later installation of grab bars, and kitchens that are accessible for individuals in wheelchairs.
- Flexible Occupancy Standards – If occupancy standards would prevent a person with a disability from having equal opportunity in housing, the Fair Housing Act offers flexibility with regards to those standards. For example, a family that includes a person with a disability may require more space, and therefore a larger apartment, than a family without a disabled member. The Fair Housing Act prevents the family with the disabled individual from being denied the larger apartment because they do not meet the occupancy standard.
What does this mean for the construction sector?
When designing and building multifamily housing with four or more units, designers must adhere to the guidelines laid out in the Fair Housing Act or be subject to legal ramifications. To ensure compliance with the FHA, it is imperative that both building designers and contractors are aware of and understand the requirements outlined in the Fair Housing Act. This may require people to undergo specialized training or for companies to hire or consult an expert.
Design-Build firms as well as architectural firms and contractors can all benefit from increasing their knowledge of the Fair Housing Act. Other than, of course, complying with legal standards to avoid lawsuits, increased knowledge of the Fair Housing Act may allow designers to create more inclusive and accessible buildings. Designers and architects can make their designs not just to avoid discrimination but to create spaces that are usable and enjoyable by a wide array of peoples, both abled and disabled. Additionally, designing and constructing structures that meet, or better exceed, the standards set by the FHA, firms can cater to a larger demographic, opening up a previously untapped section of the market and opening the door to more diverse projects. Having expertise in the field of accessible housing can make a firm more appealing for clients such as those looking to construct senior living, nursing homes, doctor’s offices, schools, or hospitals. Promoting accessible designs can make a firm stand out amongst others, setting them apart from competitors as well as foster innovation and creativity as firms strive to create more inclusive designs.
Providing designers, architects, and contractors with the tools, knowledge, and understanding necessary to design and build more inclusive, legal, and marketable properties can benefit their business and the community as whole. Firms are not the only people who benefit from increased awareness of the Fair Housing Act. As a wheelchair user I, the author, benefit greatly from the Fair Housing Act and more inclusive construction. If none of the reasons outlined above are convincing enough, remember that there is an entire community of people who are relieved every time an entrance has a ramp, who are grateful every time their wheelchair fits through a door. For the entire population of Americans with disabilities, accessible housing is not a want, it is a necessity. One small change to a building’s design can make it more inclusive, a ramp here, a wider door there. Remember that every time a structure is built adhering to or exceeding the standards of the Fair Housing Act, it is to the benefit of the millions of disabled people around the world.
