GAO/RCED-00-160R Fair Housing Accessibility Provisions

United States General Accounting Office

Washington, DC 20548

Resources, Community, and

Economic Development Division

B-284417

June 30, 2000

The Honorable Larry E. Craig

The Honorable Ted Stevens

The Honorable Michael Crapo

United States Senate

Subject: Fair Housing: HUD’s Implementation of the Fair Housing Act’s Accessibility

Provisions

The Fair Housing Amendments Act of 1988 amended title VIII of the Civil Rights Act

of 1968 (Fair Housing Act) to include handicap and familial status (including children

under the age of 18 living with parents or legal custodians, pregnant women, and

people securing custody of children under 18) as bases for the prohibition of

discriminatory housing practices in addition to the existing bases of race, color,

religion, sex, and national origin. The Fair Housing Act, among other things, specifies

that discrimination includes the failure to meet accessibility requirements in the

design and construction of any multifamily dwelling that was first available for

occupancy after March 13, 1991.1The act also allows the Department of Housing and

Urban Development (HUD) to investigate, conciliate, and prosecute complaints

related to housing discrimination.

You asked us to provide information on (1) the organizations involved in

administering fair housing programs and (2) the primary fair housing functions of

those organizations. You also asked us to focus on activities related to the

accessibility requirements, which include providing wheelchair access to common

areas and within units by widening doors and hallways, modifying kitchens and

bathrooms, and relocating electrical outlets and light switches. This report

summarizes the information we provided to your staff at a briefing on June 15, 2000.

The slides used for that briefing appear as enclosure I.

In summary, the organizations involved in administering fair housing programs and

activities include HUD; state and local government agencies, whose participation is

voluntary; private and nonprofit grantees; and the Department of Justice’s Civil

1

Multifamily dwellings include (1) all units in buildings with an elevator that have four or more units

and (2) the ground floor units in other buildings that have four or more units.
B-284417

2 GAO/RCED-00-160R Fair Housing Accessibility Provisions

Rights Division. HUD’s and Justice’s roles are set forth in the Fair Housing Act. The

primary fair housing functions of these organizations include (1) enforcing federal

fair housing requirements; (2) educating various organizations about fair housing

requirements; (3) monitoring the performance of organizations as they administer fair

housing requirements; and (4) performing other activities, such as responding to

public inquiries, conducting research, and addressing known administrative

problems.

As part of enforcement, complaints about noncompliance with fair housing

requirements, including the accessibility requirements, may be reported by

individuals or grantees acting as advocates for individuals. Enclosure II provides

additional state information on accessibility design and construction complaints as

they compare to all Fair Housing complaints opened from fiscal year 1991 through

fiscal year 1999. Complaints generally are resolved through settlement, conciliation,

dismissal, an administrative hearing, or a civil court action. HUD’s education

activities include issuing guidance on the act’s accessibility requirements and

providing training and information about the accessibility requirements to the general

public, advocacy groups, and the housing industry. In addition, HUD is primarily

responsible for ensuring that accessibility programs and activities are properly

implemented by its grantees and by state and local governments.

We provided HUD with a draft of our report for its review and comment. HUD

generally agreed with the information presented in the draft report and provided

technical clarifications, which we incorporated where appropriate.

In performing our work, we interviewed officials from HUD’s Office of Fair Housing

and Equal Opportunity in Washington, D.C., and in the mid-Atlantic region. We also

interviewed officials from the Department of Justice’s Civil Rights Division, as well as

industry experts and fair housing advocates. We visited state and local Fair Housing

Assistance program (FHAP) agencies in Pennsylvania and Maryland, and Fair

Housing Initiatives Program (FHIP) grantees located in Philadelphia and Baltimore.

In addition, we reviewed HUD documents, including HUD internal guidance and files

related to FHAP awards and FHIP grants, reviewed related HUD Inspector General

and GAO reports; and analyzed data from HUD’s enforcement case management

information system. While we did not systematically review the quality of the data in

HUD’s case management information system, we asked state FHAP agencies to verify

their case records by comparing them with the data provided by HUD. We performed

our work from December 1999 through May 2000 in accordance with generally

accepted government auditing standards.

_____
B-284417

3 GAO/RCED-00-160R Fair Housing Accessibility Provisions

We are sending copies of this report to the Honorable Andrew Cuomo, Secretary of

Housing and Urban Development. We will also make copies available to others on

request. Key contributors to this report were Nancy Boardman, Nancy Simmons, and

John Vocino. Please contact me at (202) 512-7631 if you or your staff have any

questions.

Stanley J. Czerwinski

Associate Director, Housing and

Community Development Issues

Enclosure - 2
Enclosure I

4 GAO/RCED-00-160R Fair Housing Accessibility Provisions

G AO/RCED -00-160R 1

HUD’s Implementation of the

Fair Housing Act’s

Accessibility Provisions

Briefing for

Senators Craig, Crapo, and Stevens

June 15, 2000

GAO/RCED -00-160R 2

Objectives

• Which organizations are involved in administering the fair

housing provisions?

• What are the primary fair housing functions of those

organizations?
Enclosure I

5 GAO/RCED-00-160R Fair Housing Accessibility Provisions

GAO/RCED -00-160R 3

Fair Housing Act

• Prohibits discrimination in housing based on race, color,

national origin, religion, sex, disability, and familial status

(including children under the age of 18 living with parents or

legal custodians, pregnant women, and people with custody

of children under 18).

• Authorizes the Department of Housing and Urban

Development to administer the act.

• Does not require states and localities to enforce the

federal requirements.

GAO/RCED -00-160R 4

Fair Housing Act

• For persons with disabilities, discrimination includes

• refusing to sell or rent housing,

• setting different terms and conditions for housing,

• refusing to make reasonable modifications or

accommodations,

• not meeting accessibility design and construction

requirements in multifamiliy housing that was first

occupied after March 13, 1991.
Enclosure I

6 GAO/RCED-00-160R Fair Housing Accessibility Provisions

GAO/RCED -00-160R 5

Fair Housing Act

• Accessibility design and construction requirements include

• access to common areas,

• wider doors and hallways to accommodate wheelchairs,

• accessible electrical outlets and switches,

• reinforced bathroom walls,

• kitchens and bathrooms that are wheelchair accessible.

G AO/RCED -00-160R 6

Fair Housing Act

• Complaints related to discrimination based on disability are

fewer than those based on other factors, such as race or

familial status.

• Complaints involving accessibility issues are much fewer

than those involving other issues, such as refusal to rent or to

make reasonable accommodations.

• Almost 71,000 fair housing complaints were filed from fiscal

year 1991 through fiscal year 1999.

• 842 involved accessibility design and construction issues.

• HUD processed 536 complaints; state and local agencies

processed 306 complaints.
Enclosure I

7 GAO/RCED-00-160R Fair Housing Accessibility Provisions

GAO/RCED -00-160R 7

Organizations involved in administering

fair housing provisions

• Department of Housing and Urban Development (HUD)

• State and local governments:

• Fair Housing Assistance Program (FHAP) agencies

• Private/nonprofit organizations:

• Fair Housing Initiatives Program (FHIP) grantees

• Department of Justice (DOJ)

GAO/RCED -00-160R 8

Department of Housing and Urban

Development

• Provides information on fair housing nationwide.

• Performs education and outreach activities and monitors the

performance of its grantees.

• Handles complaints from 17 states not covered by FHAP

agencies.

• Coordinates with the FHAP agencies.

• Has fair housing staff located in Washington, D.C., and in

52 of HUD’s 80 field offices.
Enclosure I

8 GAO/RCED-00-160R Fair Housing Accessibility Provisions

G AO/RCED -00-160R 9

State and local governments--

FHAP agencies

• HUD delegates FHAP responsibilities to agencies whose fair

housing laws are substantially equivalent to its own.

• FHAP agencies investigate and resolve complaints within

their jurisdiction.

• HUD reimburses FHAP agencies for fair housing activities.

• FHAP agencies have other state and local civil rights

responsibilities.

• As of May 31, 2000, there were 32 states and the District of

Columbia, and 52 local FHAP agencies.

GAO/RCED -00-160R 10

State and local governments--FHAP agencies

(as of May 31, 2000)

KS

NE IA

MO

HI

VA DC

WV

PA

MD

DE

NY

NJ

MN

MI

OH

IN

IL

WI

MS AL

TN

KY NC

GA SC

FL

OK AR

LA

TX

NM

OR

WA

AK

ID

CO

SD

ND

WY

UT

MT

AZ

CA

NV

NH

ME

MA

RI 

CT

VT

State FHAP agency

Local FHAP agency

Source: GAO’s analysis of HUD’s data.
Enclosure I

9 GAO/RCED-00-160R Fair Housing Accessibility Provisions

GAO/RCED-00-160R 11

Private/nonprofit organizations--FHIP

grantees

• Organizations compete for FHIP grants on the basis of

criteria posted in notices of funding availability.

• Grants may cover enforcement, education and outreach,

and/or capacity-building.

• A FHIP grantee can provide services and advocacy outside

the scope of its grants when using other funding sources.

• FHIP grantees also supplement HUD’s efforts.

• 116 FHIP grants were awarded in fiscal years 1997 and

1998.

GAO/RCED-00-160R 12

Private/nonprofit organizations--location of

FHIP grants awarded in fiscal years 1997 and 1998

Source: GAO’s analysis of HUD’s data.

KS

NE (1) IA

MO(5)

HI

VA(1) DC(5) WV

PA(5)

MD(2)

DE(1)

NY(8)

NJ(1)

MN(3)

MI(1)

OH(6)

IN(1) IL(9)

WI (2)

MS AL(4)

TN(5) NC(4)

KY(3)

GA(2)

SC

FL(2)

OK AR(2)

LA(2)

TX(3) NM(1)

OR(3) 

WA(3)

AK

ID(2)

CO(3)

SD

ND(1)

WY

UT(1)

MT(3)

AZ(2) 

CA(10) NV(3)

NH(1)

ME

MA(3)

RI (0)

CT(1)

VT(1)

FHIP grants
Enclosure I

10 GAO/RCED-00-160R Fair Housing Accessibility Provisions

G AO/RCED -00-160R 13

Department of Justice

• Conducts testing to identify fair housing com pliance.

• Handles cases that involve

• pattern and practice,

• zoning issues, and

• crim inal activity.

• Files suit in federal district court at the request of a

com plainant who is found by HUD to have a legitimate

com plaint.

GAO/RCED -00-160R 14

Primary functions involved in

administering fair housing provisions

• Enforcement--testing for compliance and identifying and

resolving complaints.

• Education and outreach--explaining what fair housing means

and requires.

• Monitoring--reviewing the performance of implementing

organizations.

• Other--responding to public inquiries, conducting research,

and collaborating with others.
Enclosure I

11 GAO/RCED-00-160R Fair Housing Accessibility Provisions

GAO/RCED -00-160R 15

Enforcement

• FHIP grantees and Justice conduct testing that includes

compliance with accessibility requirements.

• Complaints also can be filed when noncompliance is

identified by individuals or advocacy groups.

• FHIP grantees refer complaints to FHAP agencies or

HUD.

• FHAP agencies and HUD enter complaints related to federal

law into an automated tracking system.

• If the complaint occurs in a state or local area that has a

FHAP agency, the complaint is filed through the agency.

• Other complaints are filed directly with HUD through any

HUD office or the Internet.

G AO/RCED -00-160R 16

Enforcement--Number of complaints

opened, fiscal years 1991-99
Enclosure I

12 GAO/RCED-00-160R Fair Housing Accessibility Provisions

G A O /R C E D -00-160R 1 7

Enforcem ent--A ccessibility com plaints as a percentage

of all com plaints opened, fiscal years 1991-99

Source: G A O ’s analysis of H U D ’s data.

N ote: N um bers are rounded to the nearest percentage. States w ithout percentages had no cases related to accessibility issues.

KS

NE IA

MO

HI

VA 1%

DC 2%

WV 0%

PA

MD 1%

DE 0%

NY 1%

NJ 0%

MN

MI

OH

IL IN

WI

MS AL

TN NC

KY

GA

SC

FL

OK AR

LA

TX NM

OR 

WA

AK

ID

CO

SD

ND

WY

UT

MT

AZ 

CA NV

NH 1%

ME 2%

MA 2%

RI 1%

CT 1%

VT 5%

1%

0%

0%

12%

1%

2%

3%

5%

0%

3% 0%

0% 1%

1%

1%

0%

0%

0% 1%

0%

2% 0%

1%

2%

1%

0%

0%

0% 8%

1%

1% 2%

25%

GAO/RCED-00-160R 18

Enforcement

• Complaints are generally resolved in one of the following

ways:

• Settlement--agreement between complainant and

respondent resulting in a withdrawal of the complaint.

• Conciliation--agreement between complainant and

respondent facilitated by HUD or a FHAP agency.

• Dismissal--no basis for pursuing the complaint.

• Administrative hearing--through HUD’s administrative

law judge or an equivalent state or local process.

• Civil action--through the appropriate federal, state, or

local court.

• Individuals can bring suit on their own.
Enclosure I

13 GAO/RCED-00-160R Fair Housing Accessibility Provisions

G AO/RCED -00-160R 1 9

Education and outreach

Explaining what fair housing m eans and requires:

• HUD issued guidelines covering accessibility requirem ents.

• HUD provides training and inform ation to the housing

industry, advocacy groups, and the general public on

accessibility requirements.

• HUD provides mandatory training for FHAP agencies and

FHIP grantees.

• FHIP grantees develop products that explain fair housing

requirements to the public and the housing industry.

GAO/RCED -00-160R 20

Monitoring

• HUD monitors FHAP agencies and FHIP grantees to ensure

their compliance with requirements by

• conducting annual reviews;

• reviewing quarterly, financial and annual reports;

• reviewing FHAP case records and FHIP enforcement

logs;

• comparing actual progress to planned progress;

• approving reimbursements; and

• identifying and resolving performance problems.
Enclosure I

14 GAO/RCED-00-160R Fair Housing Accessibility Provisions

G A O /RCED -00-160R 2 1

Monitoring

• Each FHIP grantee must

• notify HUD of all complaints resulting from FHIP-funded

activities and

• reim burse the federal governm ent when it receives nonFHIP funds resulting from its enforcem ent activities.

• Each FHIP grantee must not

• have been em ployed within a 12-m onth period by a

person or organization to be testing,

• solicit funds or provide services within a 12-m onth

period to a person or organization that has been tested,

or

• use other funds for FHIP-funded activities.

G AO/RCED -00-160R 22

Other Functions

• General inquiries from the public are first referred to the local

HUD com munity builder or program office, then to a regional

office or headquarters, if necessary.

• HUD is developing a process that the public can use to

register complaints about FHIP grantees’ activities.

• HUD has contracted for a nationwide study on conformity

with accessibility requirements.

• HUD is collaborating on the developm ent of national model

building codes.
Enclosure III

15 GAO/RCED-00-160R Fair Housing Accessibility Provisions

Fair Housing Complaints Filed, by State, Fiscal Years 1991-99

State Total complaints filed

Accessibility

design and construction

complaints filed

AK 135 1

AL 447 2

AR 716 64

AZ 1,573 19

CA 9,042 33

CO 1,976 28

CT 822 11

DC 173 4

DE 205 1

FL 3,443 40

GA 1,379 38

HI 541 12

IA 1,309 1

ID 334 86

IL 2,717 56

IN 1,683 9

KS 1,458 6

KY 984 5

LA 1,082 0

MA 2,286 44

MD 1,147 11

ME 145 4

MI 1,088 10

MN 788 4

MO 3,219 10

MS 257 0

MT 575 13

NC 1,200 12

ND 154 0

NE 882 28

NH 178 2

NJ 1,347 7

NM 448 22

NV 578 81

NY 2,490 23

OH 4,307 59

OK 999 1

OR 1,264 9

PA 2,864 6

RI 260 4

SC 467 1

SD 132 0

TN 975 2

TX 6,607 19

UT 673 19

VA 1,152 13

VT 62 3

WA 2,720 11

WI 1,093 7

WV 301 1

WY 111 0

National total 70,789 842
Enclosure III

16 GAO/RCED-00-160R Fair Housing Accessibility Provisions

(385836)
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