Iowa Civil Rights Commission Disclaimer The information contained

Iowa Civil Rights Commission Disclaimer The information contained in this presentation is a brief overview and should not be construed as legal advice or exhaustive coverage of the topic.

ACCESSIBILITY FOR MULTI-FAMILY HOUSING

OVERVIEW: Introduction to Fair Housing • Applicable laws • Accessibility and requirements for multifamily housing • Responsibility • Advocacy and compliance issues

What is Fair Housing? Fair housing is the right of all persons to apply for and be considered for the housing of their choice, in the neighborhood that they choose, and that they can afford.

Fair Housing Laws • Three Levels of Jurisdiction: • Federal • State • Local (city or county)

Federal Fair Housing Laws • • Civil Rights Act of 1866 Civil Rights Act of 1968, Title VIII Section 504 of the Rehabilitation Act Americans with Disabilities Act, Title II and Title III

Federal Fair Housing Laws Fair Housing Amendments Act of 1988: • Prohibits discrimination based on familial status • Prohibits discrimination based on physical and mental disability • Requires housing provider to allow reasonable modifications and accommodations • Requires new family housing built for occupancy after March 1991 to have accessible design features

What is Accessibility? • Making buildings and facilities that can be entered and used by All people • Accessibility prevents discrimination against people with disabilities, but the end result is a living environment more useable by everyone

What is Accessibility? • New Construction -- design components of housing that can be used by everyone • Existing Buildings -- removal of barriers, when possible, that prevent use by some people

Our Accessibility Study • Many properties in Iowa are not in compliance with the law. • 32 properties in 6 cities were surveyed. • Not one met all of the basic requirements. • Surveys conducted in other states have had similar results. • There is misinformation about, ignorance of, and disregard for the law.

Accessibility compliance • At the state level, multi-family housing must receive a handicapped review certificate from the State Building Code Bureau. • Local governments sometimes have their own process…some use the State Building Code Bureau.

Accessibility Requirements • • Building entrances Public and common use areas Doors Routes into and through the dwelling unit Environmental controls Bathroom walls Kitchens and bathrooms

What is Multi-family housing? • New construction of four or more multifamily units with an elevator • New construction ground floor units of four or more without elevators • Exceptions: single family housing, duplexes, triplexes, two story townhouses

Who is a person with a disability? • Any person who has a physical or mental impairment that substantially limits one or more major life activities, • or has a record of such an impairment, • or who is regarded as having such an impairment

What are reasonable accommodations? Changes in rules, policies and procedures that enable a person with a disability to reside in the unit

Examples of reasonable accommodations • Allow service animals • Provide adequate handicapped parking • Allow changes in procedures for paying rent

What are reasonable modifications? Physical modifications or changes needed to enable a person with a disability to reside in a housing unit

Examples: reasonable modifications • • Entrance ramp Grab bars in bathroom Relocation of switches and controls Widening doorways Installation of lever doorknobs Accessible mailboxes or trash receptacle Doorbell light signal for hearing impaired

What is reasonable? A housing owner or manager is required to consider any requests for accommodations or modifications if it does not: • Change the basic nature of the structure • Result in an undue financial or administrative burden

Obtaining modifications and accommodations As a housing consumer with a disability: • Ask for what you need. • Try to work it out with the housing provider. • Contact an enforcement agency if you are denied access to housing, or denied modifications or accommodations.

Who is responsible for accessibility? • Existing Buildings: tenant and landlord • New Construction: anyone who designs or builds multi-family housing • In your community: everyone should advocate for accessibility

What can you do in your community? Work with advocacy groups • The Governor’s Council on Developmental Disabilities, 800 -452 -1936 • Iowa Division of Persons with Disabilities 888 -219 -0471 (voice/TTY) • Iowa Program for Assistive Technology (IPAT) 800 -331 -3027 (voice/TTY) • Ask local officials to enforce building code requirements

Iowa Civil Rights Commission 211 East Maple Street, 2 nd Floor Des Moines, Iowa 50309 515 -281 -4121 800 -457 -4416 (toll free) fax: 515 -242 -5840 website: www. state. ia. us/government/crc