Five Misconceptions about Fair Housing Act Design and Construction Compliance

From “If I comply with the building code, then I comply with the Fair Housing Act” to “Everything is adaptable, so it doesn’t need to work day one, right?” – our accessibility consultants have heard it all. Here are five of the most common misconceptions about the Fair Housing Act that we come across on a regular basis…

1.  Following the accessibility requirements of the building code will satisfy the design and construction requirements of the Fair Housing Act.

Not true. Following the accessibility requirements of the building code may not always satisfy the design and construction requirements of the Fair Housing Act. Building codes and federal laws are mutually exclusive; a building department or building official is responsible for ensuring compliance with the code – not the law. And, HUD is responsible for enforcement of the Fair Housing Act – not building codes. Meeting the requirements of one may not always satisfy the requirements of the other. There is only one code, i.e., the International Building Code (2000, 2003, and 2006 editions, with a few caveats) that are HUD-approved ‘safe harbors’ for compliance with the design and construction requirements of the Fair Housing Act. Later editions of the code are not approved by HUD as meeting the requirements of the FHA. And, any edition of the International Building Code adopted by a local jurisdiction and edited to fit the context of the local jurisdiction is not a safe harbor for compliance. The general rule of thumb is to apply the accessible design and construction requirements of the code and the law and comply with the most stringent provision.

2.  Meeting the design and construction requirements of the Fair Housing Act is not required at the time of design and construction. Because the Fair Housing Act permits adaptability, modifying a feature to accommodate a resident’s particular need is the best way to comply with the Fair Housing Act.

Not true. Meeting the design and construction requirements of the Fair Housing Act at the time of design and construction is required. To say that its permissible to meet the requirements by adapting features as needed and only upon request makes the design and construction requirements of the Act meaningless. Adaptability is permitted by the law, but only after the minimum design and construction requirements are met. And, what is permitted to be adapted post construction is included in the technical standards. For example, a forward or parallel approach is required to be provided at a kitchen sink in a dwelling unit. In order to accommodate the front approach, the base cabinet must be designed to be removable, i.e., adaptable. Adaptability in this case is contemplated by the requirements for usable kitchens. On the other hand, a light switch is required by the Fair Housing Act Accessibility Guidelines to be installed below 48 inches above the finished floor. The Act does not permit the light switch to be installed higher and modified as requested. To install a light switch higher than 48 inches above the finish floor is in violation of the design and construction requirements of the Fair Housing Act Accessibility Guidelines. Adaptability in this case is not contemplated or permitted by the requirements for usable kitchens.

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Electric Cars: Are They Better for Your Pocket and the Climate Right NOW?

Last week, I read a blog post from Connecticut Fund for the Environment President Curt Johnson, and he reaffirmed what I already expected: my next car will likely be an electric vehicle (EV). I currently drive a Toyota Prius hybrid, but when I bought it in 2013, the price to purchase and to operate an EV did not work out, so I chose the Prius, which has very reliably achieved 50 mpg over the last six years.

As an engineer who admittedly knows nothing about cars, I feel like the information out there on EVs is either slightly biased (i.e., published by EV manufacturers) or not transparent enough with the math to convince me. So I set out to create a blog post that was unbiased and transparent. I liked this one from Tom Murphy, an associate professor of physics at the University of California, San Diego, so hopefully I’m making it a bit more user-friendly and applicable to your current/local situation.

I just wanted to know two simple things (and admit to ignoring a long list of other factors that influence the type of car most people will choose to drive):

Number 1: At what gas price is an EV cheaper to drive per mile?

Number 2: While EV tailpipe emissions are zero, is my local electric grid clean enough that it’s a good idea, right NOW? I know my next car will be electric, I just don’t know WHEN the grid will be clean enough that it’s better for the environment for me to switch.

When I began writing this article, I had no idea what the answers would be.

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Become a Carbon Hero with Five Easy Tactics

Before you can really dig deep into the advanced design concepts of embodied carbon analysis and whole building energy modeling, you must first perform some bare minimum prep work. An easy way to get the pre-schematic plan up on its legs quickly is to add qualitative performance measures to the architect’s program study or create an Owners Project Requirements (OPR) document. For this article, “qualitative performance measures” refer to the metrics that express embodied carbon, but can also include operational energy, water, and even healthy materials.

Integrated Design Process Image An integrated design process (IDP) anchors the architectural program to performance metrics such as carbon dioxide equivalents (CO2e), Energy Use Intensity (EUI), and zero Energy Performance Index (zEPI). So, by completing the IDP, you’re getting the basic tools to optimize embodied carbon and operational energy use in your design:

  1. Target the early phase of the project
  2. Prepare a Carbon Hotspot and Simple Box energy analysis to compare carbon sensitivity of different schemes not limited to wall and roof construction, massing, and solar exposure.
  3. Schedule a workshop with the design team and owner to discuss findings and recommendations.
  4. Establish performance targets such as total Carbon Dioxide equivalents as a basic program requirement.
  5. Choose a compliance pathway and verify design with Life Cycle Analysis and a Whole Building Energy model.

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