Testimony of the Eastern Paralyzed Veterans Association
on the
"Justice in Fair Housing Enforcement Act of 1999"
H. R. 2437
Introduction
Good afternoon, Chairman Canady, Ranking Member Watt and members of the sub-committee. My name is Brian Black and I am honored to submit this testimony on behalf of the Eastern Paralyzed Veterans Association.
The Eastern Paralyzed Veterans Association (EPVA) is a not for profit organization dedicated to serving the needs of veterans who have incurred a spinal cord injury or disease and reside in New York, New Jersey, Pennsylvania and Connecticut. EPVA is a chapter of the Paralyzed Veterans of America. Since 1946, EPVA has been extensively involved in the field of barrier-free design, including the development of accessibility requirements for multifamily construction, so that our members and others with disabilities may lead full and productive lives. EPVA is submitting testimony in opposition to H.R. 2437, the Justice and Fair Housing Enforcement Act.
H.R. 2437 would strip persons with disabilities of a basic civil right that was recognized by Congress over ten years ago; the right to access housing in the private sector without encountering stepped entrances and narrow doorways. The Fair Housing Amendments Act was signed into law in September of 1988, the non-discriminatory housing provisions became effective in March of 1989 and the new multi-family housing construction requirements applied to dwellings that were ready for occupancy after March 1991. Thus, providing builders a two-year opportunity to comply with the new building requirements. This opportunity was then extended an additional three months until June of 1991. Builders have been given ample opportunity to comply with the new construction requirements, which have been in effect for over eight years. Non-compliance on the part of builders, architects and anyone else involved in the construction process constitutes negligence and blatant disregard for the law.
Comments
H.R. 2437 would absolve from liability under the Fair Housing Amendments Act any building designed for first occupancy on or after March 13, 1991 up through date of enactment if that building was approved by "relevant state or local building authorities as meeting the requirements of the applicable building code." In other words, if a builder obtained a building permit from state or local authorities, he or she could not be held liable for violations of the Fair Housing Amendments Act accessibility guidelines. State and local building authorities are not responsible for enforcing the Fair Housing Amendments Act.
However, many state and local jurisdictions have enforced building codes that meet or exceed the construction requirements of the Fair Housing Amendments Act. In EPVA's region, New York, New Jersey and the City of Philadelphia have made certain that their building codes incorporated the protections of the Fair Housing Amendments Act. Numerous other states have also amended their building codes to incorporate these protections.
Most jurisdictions in our country reference one of the three model building codes developed by the model code groups for their construction regulations. All three model code groups - the Building Officials and Code Administrators International (BOCA), the Southern Building Code Congress International (SBCCI), and the International Conference of Building Officials (ICBO) amended their codes in the mid-nineties to reflect the Department of Housing and Urban Development's Fair Housing Amendments Act guidelines. Recently, these three groups joined efforts to create the International Building Code for 2000, which also includes the Fair Housing Amendments Act requirements. All of the model building codes noted reference the CABO/ANSI A117.1-1992 or ICC/NSI A117.1-1998 accessibility standard for their technical criteria. On October 25, 1999, the Department of Housing and Urban Development issued a report stating that it believes both editions of this standard are consistent with the Fair Housing Amendments Act.
As building codes evolved to reflect the Congressional mandate, builders and developers followed suit, often spending considerable time and effort to change construction practices and revise site layouts and building plans to meet the requirements of the Fair Housing Amendments Act. National builders' organizations went to great lengths to provide training and information regarding the Fair Housing Amendments Act of 1988. Builders who have complied with the requirements of the Fair Housing Amendments Act are not assisted by H.R. 2437. This amendment would only benefit builders who have not complied, perpetuated discrimination and continued to deny access for people with disabilities to multi-family housing.
The Fair Housing Amendments Act of 1988 was enacted to provide equal access to housing for people with disabilities. The law accounted for the fact that existing housing and housing under construction or planned did not provide access by allowing almost three years for developers to incorporate the construction requirements into their projects. People with disabilities were patient when the law was passed, it is unconscionable to ask them to forgive blatant violations that have occurred over the past eight years.
While this bill would adversely affect millions of people with disabilities seeking accessible housing, it would only benefit builders who have failed to comply with the law. Since 1991, when the new construction requirements became effective, the United States Department of Justice has filed twenty cases in federal court against housing developers. Sixteen of these cases were resolved by consent decree and four remain unresolved. An additional nine cases have been resolved out of court.
Lastly, the Fair Housing Amendments Act and the Department of Housing and Urban Development's regulations introduced modest access requirements on covered multifamily dwellings, "…resulting in features which do not look unusual and will not add significant costs" (House Report No. 711, 100th Congress, 2nd Session). These features not only provide an immediate benefit to current tenants with mobility impairments, but promise to make the dwellings more habitable for others, as aging affects the agility and stamina of us all. The lack of front steps and the ability to add grab bars in the bath for better stability, while specified for persons with disabilities, is simply good design for everyone.
In conclusion, the Eastern Paralyzed Veterans Association appreciates this opportunity to offer these comments since access to housing is very important to our members and to people with disabilities. For the already stated reasons, we oppose H.R. 2437.
Testimony of
The Eastern Paralyzed Veterans Association
on the
"Justice in Fair Housing Enforcement Act of 1999"
H.R. 2437
United States House of Representatives
Committee on the Judiciary
Subcommittee on the Constitution
October 28, 1999
Submitted by:
Brian Donald Black, Director
Building Codes & Standards
Eastern Paralyzed Veterans Association
75-20 Astoria Boulevard
Jackson Heights, New York 11370-1177
718.803.3782