Recent Developments in Accessible Design.

NAA/NMHC continues to push for greater uniformity between building code standards and Fair Housing Act accessibility requirements and a safe harbor for professionals who build to the code. But, with publication of the Code Requirements for Housing Accessibility (CRHA) in limbo, professionals seeking to comply with the Fair Housing Act accessibility requirements face a complicated picture.

Publication of the International Code CRHA is on hold, at this writing. The CRHA is intended to consolidate all of the housing accessibility requirements contained in the International Building Code (IBC) into one document to serve as an easy-to-follow guide to complying with the federal accessibility requirements. The Department of Housing and Urban Development (HUD) endorsed the document on May 10, 2000, as a "safe harbor" for compliance with the Fair Housing Act. But the document remains unpublished because of heated opposition from disability advocates and others, who claim that CRHA contains language never acted upon in any public code/standard development process. CRHA was sponsored by the National Association of Home Builders (NAHB) and developed by a committee of interested parties, including NAA/NMHC. Despite the CRHA controversy, NAA/NMHC believe that the department's endorsement of the IBC and related ANSI A 117.1-1998 accessibility provisions as a safe harbor stands and is a useful protection for professionals responding to accessibility complaints.

NAA/NMHC have led the lobbying effort to have the federal accessibility standards written into building code language, starting in 1993 with the Board for the Coordination of the Model Codes (BCMC). NAA/NMHC helped develop the original BCMC report, which was eventually incorporated into the three regional model codes and later served as the basis for the requirements now included in the IBC-2000 and ANSI A117.1-1998. NAA/NMHC were principal players as the model codes were refined to better reflect the federal accessibility requirements, and we were the primary organization responsible for developing a 1997 matrix comparing the federal requirements with model code provisions. When HUD's approval of the matrix was still not forthcoming, NAA/NMHC had language inserted in the 1999 HUD appropriations bill requiring the department to finish its review by a date certain. HUD met this charge, stating that compliance with the ANSI 117.1-1998 standard was a defense to alleged Fair Housing Act accessibility violations.

James (Jay) W. Harris is vice president of property management for the NAA/NMHC Joint Legislative Staff with principal areas of responsibility for fair housing, bankruptcy, accessibility and other property management issues. Prior to joining the Joint Legislative Staff, he ran the National Association of Home Builders' (NAHB) Housing Credit Group.