-3 proposal. The continued characterization of this document as the product of consensus within the disability community is a serious misrepresentation. Sincerely, Association for Retarded Citizens of the United States National Association of Protection and Advocacy Systems National Council on Independent Living National Association of Developmental Disabilities Councils United Cerebral Palsy Associations, Inc. CC: Mr. Jack Kemp, Secretary Department of Housing and Mr. Gordon Mansfield, Assistant Secretary for Fair Ms. Margaret Milner, Acting Director, Section 202 I'm writing concerning the Fair Housing Guidelines which are currently being developed at HUD. Last April, during a meeting with representatives of disability organizations, convened by Justin Dart and held in your office, we made an informal agreement to work together to insure the development of appropriate design guidelines. During the past year we have been pleased that our concerns and suggestions were receiving support and attention from HUD. We have also made every effort to keep abreast of the proposals which were submitted by various groups for consideration by HUD in the development of the guidelines. Recently, me and several other members of the disability organizations who met with you last year have become concerned about the amount of attention given to one particular set of suggested guidelines submitted for HUD review. I'm referring to the guidelines/report submitted by the National Association of Home Builders (NAHB) and the National Coordinating Council on Spinal Cord Injury (NCCSCI). Given the commitment for "a joint effort" spawned at that April meeting it is unfortunate that this document, which was developed without the consensus of the disability community, is now receiving such attention. This report, as you may be aware, includes both recommendations for the guidelines and cost estimates for compliance. Because the report was developed independently by PVA and NAHB, it contains no input from the accessible housing experts consulted when the initial Fair Housing legislation was developed. As a result it contains a great deal of misleading information and suggestions not intended by the language of the legislation. The report has not only been sent to HUD for review but circulated widely throughout the country. Its broad dissemination has created the erroneous impression that full ANSI access and high costs are both required by the amendments. To counter the misinformation being disseminated by this report, I have developed, in Pes: :ce 3cx 3: Saleigh North Carolina Water Garces Highway West .Oice TDD 319 32. 32 One item which is not addressed in the fact sheet is the issue of site impracticality. This issue requires careful consideration and I would urge HUD to look closely at the results of the study completed for HUD by the Southern Building Code Congress. That study suggested that building sites be evaluated both before and after grading since greater access can usually be achieved after a site has been prepared. It is important that HUD's final opinion on this reflect the intent of the Fair Housing Legislation, to provide basic accessibility to as many units as possible. I'm hoping that our fact sheet will help to dispel some of the misinformation currently touted in the NCCSCI/NAHB report. However, I do feel as though the most important step toward this end would be the release by HUD of their proposed guidelines. The release of the HUD's proposed guidelines would draw attention away from this ill conceived report and allow the public to respond to the actual proposed guidelines. In general I'm quite pleased by changes which I see occurring in the housing industry. At a meeting held by Professional Builder Magazine during the National Association of Home Builders convention in Atlanta, I was quite honored to be recognized by that group for my work on adaptable housing. I was further delighted to visit the Professional Builder display at the convention hall and be able to tour both of the demonstration homes which they had assembled at the site. This was a first for me. The designers of the display had worked to incorporate basic access features, similar to those required in the Fair Housing legislation, into the design of these demonstration homes. The result was an aesthetically pleasing affordable home called, "Nest '90", by its promoters. I continue to look forward to the day when all housing is designed to accommodate people throughout their lifespan. The Fair Housing legislation is a major step in that direction, and the design guidelines provide the opportunity to carry it one step further. As always I'm available to assist your staff in any way I can. Thank you for your time and consideration of these issues. Sincerely, Ronald Ware Ronald L. Mace, FALA cc. Gordon Mansfield, Assistant Secretary for Fair Housing Justin Dart, Task Force on the Rights and Empowerment of Americans with Disabilities Bonnie Milstein, Mental Health Law Project R. Jack Powell, Paralyzed Veterans of America FACT SHEET ON NAHB/NCCSCI RECOMMENDATIONS for ACCESSIBILITY STANDARDS UNDER THE FAIR HOUSING ACT In September, 1989, a report entitled "RECOMMENDATIONS to the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT for IMPLEMENTATION of HANDICAPPED ACCESSIBILITY PROVISIONS OF THE 1988 FAIR HOUSING AMENDMENTS ACT" was published by the National Association of Home Builders (NAHB) and the National Coordinating Council on Spinal Cord Injury (NCCSCI). The report included a proposed set of accessibility guidelines which was developed by the two groups as a recommendation to HUD in publishing the agency's accessibility guidelines. In addition, the report contained the following: an analysis of the estimated costs in new construction of using A117.1 accessibility requirements in housing as well as the estimated costs of using the NAHB/NCCSCI guidelines; site impracticability studies and standards for doors and maneuvering clearances. This fact sheet was written after an analysis of the above report by a group of individuals who are recognized experts on the issues of ANSI A117.1 accessibility requirements, state accessibility laws and standards, and the housing related needs of people with disabilities. All members of the group were originally consulted or involved by the various groups developing draft language for the 1988 Fair Housing Amendments Act (FHAA). The analysis effort was undertaken due to a growing controversy over the validity of proposals contained in the NAHB/NCCSCI report and questions about the basis of such proposals. The report presents accessibility guidelines for new housing to be built under the Fair Housing Amendments Act. The validity of these guidelines hinges on several propositions also outlined in the report. A careful review of the NAHB/NCCSCI report raises many concerns which are outlined below. This fact sheet was developed in an effort to speak to issues raised. 1. NEGOTIATING TEAM NOT REPRESENTATIONAL The proposals contained in the report are NOT based upon negotiations between disability group's "experts on accessible design and the housing needs of people with disabilities" and representatives from the building industry who are "experts on building and land development" as stated in the report. Although the report states - "as we previously indicated, we believe that our respective position in the disability community and the building community give us unique and complimentary perspectives on questions concerning housing accessibility" (letter of transmittal) and "The goal of NAHB and NCCSCI was to bring together those with knowledge of the special housing needs of handicapped persons and those experienced in housing design and construction that would meet the needs of the handicapped community within the context of today's market funding and design” (p. 1-1), such was not the case. A review of the list of voting members of the NAHB/NCCSCI task force listed below is very revealing: NCCSCI TASK FORCE MEMBERS Michael T. Rose - Chairman, NCCSCI Legislative Committee MULTIFAMILY HOUSING DEVELOPER and Wheelchair User Donald H. Misner - Secretary/Treasurer, NCCSCI Misner Development, Principal Registered Architect (VA, MD, DC) DEVELOPER and Wheelchair User Kim A. Beasley, AIA Director, Architecture & Barrier Free Design, PVA Co-author, Design for Hospitality/Planning for Accessible Hotels and Motels NAHB TASK FORCE MEMBERS Stillman D. Knight, Jr. President, ARONOV Chairman of the National Council of the Multifamily Housing Industry Daniel B. Grady President, Monfric Inc. Former Chairman of the National Council of the Multifamily Housing Industry Lynne Hansen Senior Vice President, Hazel/Peterson Companies Five out of six voting members of the Task Force make their living from the building/development/construction industry and are representatives of that industry. None of the five are known among the disability community or the accessible design community as experts on accessible design or the housing needs of people with disabilities. Yet, except for PVA, representatives of organizations of people with disabilities (ARC, UCP, Epilepsy Foundation, DREDF, etc) who were also members of the "Housing Task Force", a loose coalition of disability groups responsible for advocating and negotiating with the construction industry on the requirements of Fair Housing Amendments Act, were not involved as voting members. Nor did these groups have a chance to review the document until after a draft had already been presented to HUD. In addition, prior to the issuance of this report, NCCSCI was not well known in the disability community. NCCSCI has taken a leadership role in research, funding, education, public affairs and other related facets of spinal cord injury. page 2 of 7 |