What does the Fair Housing Act have to do with building codes?

Fair housing problems in the building permit realm generally arise when building code officials don’t fully understand the nature of residential assisted living and try to characterize the use as “commercial” (a term not actually included in the International Building Code) or “institutional” or “medical”. All of these designations are incorrect and can result in the imposition of costly construction requirements that are not actually needed to keep residents safe.

Location, Location, Location

Sometimes you find the perfect location for your assisted living operations, only to find out that there’s another regulated home too close-by to get your proper permits. The other location may not even be an assisted living home, but it poses a hurdle to your business plans. Unreasonable spacing requirements (a/k/a “buffer zones”) imposed by municipalities and counties in Arizona between new and existing assisted living homes have finally been addressed by the state legislature.

Fair Housing and Building Code Enforcement

We certainly want all people - including those with disabilities – to live in a safe and healthy environment. But we also want them to have an equal opportunity to live in neighborhoods and communities alongside people without disabilities, as we know that this has its own positive outcomes for health and wellbeing. There are certain instances when building codes or other safety requirements are too excessive. This generally happens when the “safety” requirements are established or applied based on stereotypes or misperceptions about a given population’s capabilities. In some cases, it can also be a pretext for trying to keep certain people out of the neighborhood altogether. In these instances, the building code or safety requirement may run afoul of the federal Fair Housing Amendments Act (“FHAA”).

What is fair housing and why do we need it?

As we honor the great Dr. Martin Luther King, Jr. today, it seemed fitting to talk about something that is an significant part of his civil rights legacy, and that is the advancements made in promotion of fair housing for all. Because of Dr. King’s efforts and the efforts of the many, many who stood side-by-side with him – physically in non-violent protests or philosophically to embody the concept in law – the concept of fair housing is now part of the American legal landscape. Yet how well are we living up to the ideal? This article explains the basics of fair housing, explores its history in the United States, and reflects on how much farther we need to go.