December 1997 Newsletter
New Apartments Must be Accessible
The interrelationship between the ADA and the Fair Housing Act can be a challenge for new apartment complexes, because both laws may apply.
Consequently, builders and architects are well advised to understand their responsibilities to design and construct accessible facilities in accordance with both the Standards for Accessible Design (aka ADAAG) and the Fair Housing Accessibility Guidelines.
A noteworthy case-in-point is the new Breakers apartment complex in Denver, where the 315 ground-floor units were not constructed to be accessible. Under an agreement with the Colorado Civil Rights Division and at a cost of thousands of dollars, this apartment complex must now be retrofitted to meet these accessibility requirements:
- an accessible entrance without stairs.
- an accessible route into and through the unit.
- interior doors wide enough for wheelchairs.
- maneuvering space in kitchens and bathrooms.
- accessible and usable common-use areas.
- accessible electrical outlets, light switches, and other controls.
- reinforcements in bathroom walls for future installation of grab bars.
The cost of retrofitting will be shared by the architectural firms of Murata Outland, Inc. and Feld Design, Inc., Feld/Breakers Companies, and Ticor Constructions.
(Reproduced with permission of the Rocky Mountain ADA Technical Assistance Center.)
The Federal Fair Housing Act makes it unlawful "to make, print, or publish, any notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin…" Exceptions are made in advertising that a rental property is accessible to handicapped individuals or intended or operated as housing for older persons.
The laws and regulations are comprehensive, covering ad content and placement issues and including all marketing and promotional materials and outlets - print ads, television and radio spots, videos, billboards, direct mail, on-site and off-site promotional materials, multiple listing services, and specialty ads. Real estate providers, lenders, ad agencies and media groups are all responsible and potentially liable for violations.
It is discriminatory to make selective geographic advertisements. Do not make any advertisement or distribute promotional materials to some geographic areas and not to others. Selective use of equal opportunity slogan and logo are also discriminatory. If you use it at all, be sure to use it everywhere. Another means of discrimination is selective use of human models. Do not use human models only in media which cater specifically to one group.
The Fair Housing Act also prohibits using catchwords such as restricted, exclusive, private, traditional, or membership approval. Furthermore, it is discriminatory to write out directions to the property that refer to well-known racial, ethnic, or religious landmarks or to any major landmark that could signal a preference for a specific type of person. The following words and phrases are also prohibited from use with respect to those with disabilities or families with children:
- deaf
- restricted community
- adult building
- blind
- singles
- mature persons
New Staff Named at the NDFHC Offices
In late November, the NDFHC reorganized its Bismarck office. The Board of Directors wishes to introduce the new staff:
· Executive Director: Amy J. Nelson. Nelson joins the NDFHC after five years working with a professional association management firm in Washington, DC. Nelson is a graduate of Moorhead State University, Moorhead, MN, with bachelor of science degrees in International Business and Political Science. She also holds a Master of Business Administration from Averett College, Danville, VA.
· Office Manager/Administrative Assistant: Carol L. Mihulka. Mihulka was most recently the Comptroller of Expressway Honda & ABRA Auto Body & Glass in Bismarck, ND.
· Housing Specialist: Fred J. Browning. Browning joins the NDFHC from the USDA-Rural Development where he served as Rural Housing Program Director. He is a graduate of North Dakota State University.
· Housing Specialist: Kristi J. Klein. Klein was most recently the Manager of Fronteer Marketing Group. She has also held positions with Stewart Title & Commonwealth and the Washington Department of Assigned Counsel. Klein is a graduate of Central Washington University and Pierce College.
Statewide Housing Conference Scheduled January 21-22
The North Dakota Housing Finance Agency will be holding its annual Statewide Housing Conference on January 21-22 at the Holiday Inn in Bismarck, ND. A variety of sessions have been scheduled for this highly informative conference. Some session topics include: Multifamily Housing Options, Senior Housing Needs, Welfare Reform, Financing Homes on Native American Lands, Zoning and Building Codes for the Future and Multifamily Housing Issues. For additional information, please contact Karen Schwan Holman at 701/328-8056.
On December 11th in Dickinson, ND, the NDFHC, Dakota Center for Independent Living, Montana Fair Housing and the North Dakota Protection & Advocacy held a Fair Housing Workshop. An overview of the federal and state fair housing law was given with an opportunity for question and answer. Additional workshop dates and locations will be announced at a later time. Please contact the NDFHC if you wish to be added to the mailing list.
Montana Fair Housing Sponsors April Seminar
The Montana Fair Housing will be sponsoring a Fair Housing Conference in Missoula, MT April 20-22. Should you like additional information, please contact Montana Fair Housing at:
406/542-2611 or 1-800/929-2611.