It may also make sense for Congress to resolve the dilemma posed by the Garcia decision so legal action may be taken any time a violation of the fair housing accessibility guidelines
"By building to these codes, multifamily builders are assured they are providing accessible housing while complying with HUD's Fair Housing Accessibility Guidelines
HUD has approved several "safe harbors" for compliance with the FHAA; "safe harbors" include, among others, The Fair Housing Accessibility Guidelines
and the 1980, 1992 and 1998 editions of the ANSI A117.1 Standard.
In 1991, the "Fair Housing Accessibility Guidelines
" were published, instructing builders and developers how to comply with the accessibility requirements of the Act.
The current accessibility recommendations suggested in the 68-page VA booklet exceed Americans With Disability Act (ADA) recommendations as well as the Fair Housing Accessibility Guidelines
New housing subject to regulation under this Act shall be constructed in compliance with all applicable regulations and, in the case where the new housing and the new housing not defined as multi-story for the purposes of this Act is a building in which 4 or more dwelling units or sleeping units intended to be occupied as a residence are contained within a single structure, with the technical requirements of the Department of Housing and Urban Development's Fair Housing Accessibility Guidelines
published March 6, 1991, and the Supplement to Notice of Fair Housing Accessibility Guidelines
: Questions and Answers about the Guidelines, published June 28, 1994."
While many of the issues will be rather run-of-the-mill (but as wrong as ever), such as refusing to rent to minorities or families, or having new construction that does not meet fair housing accessibility guidelines
, some issues are a bit more exotic, and certainly intriguing.
Department of Housing and Urban Development (HUD) Fair Housing Accessibility Guidelines
In essence, builders obtaining permits from state or local authorities could not be held liable for violations of the Fair Housing accessibility guidelines
Despite the fact that HUD itself has acknowledged its Fair Housing Accessibility Guidelines
are non-mandatory and constitute but one way a builder/developer can comply with the federal accessibility requirements, experience indicates that HUD and its enforcement agents are requiring developers and architects to justify even small variances from the Guidelines.
In addition, a Residential Task Force has been established to consider whether criteria can be established for housing that is to comply with the Fair Housing Accessibility Guidelines
FHAG Fair Housing Accessibility Guidelines
. A set of fair housing compliance guidelines issued by HUD for new construction and rehabilitation.