Fair Housing: HUD's Implementation of the Fair Housing Act's
Accessibility Provisions (Correspondence, 06/30/2000, GAO/RCED-00-160R).
Pursuant to a congressional request, GAO provided information on the
Department of Housing and Urban Development's (HUD) implementation of
the Fair Housing Act's accessibility provisions, focusing on the: (1)
organizations involved in administering fair housing programs; and (2)
primary fair housing functions of those organizations.
GAO noted that: (1) the organizations involved in administering fair
housing programs and activities include: (a) HUD; (b) state and local
government agencies, whose participation is voluntary; (c) private and
nonprofit grantees; and (d) the Department of Justice's Civil Rights
Division; (2) HUD's and the Department of Justice's roles are set forth
in the Fair Housing Act; (3) the primary fair housing functions of these
organizations include: (a) enforcing federal fair housing requirements;
(b) educating various organizations about fair housing requirements; (c)
monitoring the performance of organizations as they administer fair
housing requirements; and (d) performing other activities, such as
responding to public inquiries, conducting research, and addressing
known administrative problems; (4) 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; (5) complaints generally are
resolved through settlement, conciliation, dismissal, an administrative
hearing, or civil court action; (6) 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; and (7) 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.
--------------------------- Indexing Terms -----------------------------
REPORTNUM: RCED-00-160R
TITLE: Fair Housing: HUD's Implementation of the Fair Housing
Act's Accessibility Provisions
DATE: 06/30/2000
SUBJECT: Federal aid for housing
Housing programs
Housing for the disabled
Civil rights
IDENTIFIER: HUD Fair Housing Assistance Program
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GAO/RCED-00-160R
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. 1 The 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
GAO/ RCED- 00- 160R Fair Housing Accessibility Provisions 2 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
GAO/ RCED- 00- 160R Fair Housing Accessibility Provisions 3 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
GAO/ RCED- 00- 160R Fair Housing Accessibility Provisions 4
GAO/ 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
GAO/ RCED- 00- 160R Fair Housing Accessibility Provisions 5
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
GAO/ RCED- 00- 160R Fair Housing Accessibility Provisions 6
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.
GAO/ RCED-00- 160R 6
Fair Housing Act
Complaints related to discriminati on based on disability are fewer than
those based on other factors, such as race or fami lial status.
Compla ints invo lving accessib ility i ssues are much fewer than those
involving other issues, such as refusal to rent or to make reasonable
accommodati ons.
Almost 71,000 fa ir housing complaints were fi led from fi scal year 1991
through fiscal year 1999.
842 involved accessibility design and constructi on issues. HUD processed
536 complaints; state and local agencies
processed 306 complaints.
Enclosure I
GAO/ RCED- 00- 160R Fair Housing Accessibility Provisions 7
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
GAO/ RCED- 00- 160R Fair Housing Accessibility Provisions 8
GAO/ RCED-00- 160R 9
State and local governments- FHAP agencies
HUD delegates FHAP responsibilities to agencies whose fair housi ng laws are
substantially equivalent to its own.
FHAP agenci es investi gate and reso lve complaints within the ir
jurisdiction.
HUD reimburses FHAP agencies for fair housing activities. FHAP agenci es
have other state and local civil rights
responsib ilities. As of May 31, 2000, there were 32 states and the District
of
Colu mbia , and 52 local FHAP agencie s.
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
NC KY 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
GAO/ RCED- 00- 160R Fair Housing Accessibility Provisions 9
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 analysi s 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
GAO/ RCED- 00- 160R Fair Housing Accessibility Provisions 10
GAO/ RCED-00- 160R 13
Department of Justice
Conducts testing to identify fair housing compliance. Hand les cases that
involve
pattern and practice, zoning issues, and criminal activity. Files suit i n
federal district court at the request of a
compla inant who is found by HUD to have a l egitim ate complaint.
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
GAO/ RCED- 00- 160R Fair Housing Accessibility Provisions 11
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.
GAO/ RCED-00- 160R 16
Enforcement-- Number of complaints opened, fiscal years 1991- 99
Enclosure I
GAO/ RCED- 00- 160R Fair Housing Accessibility Provisions 12
G A O /R C E D -0 0 -1 6 0R 1 7
E n fo r c e m e n t-- A c c e s s i b i l i ty c o m p l a i n ts a s a p e
r c e n t a g e o f a l l c o m p l a in t s o p e n e d , f i s c a l y e a
r s 1 9 9 1 -9 9
S o u r c e : G A O 's a n a l y s i s o f HUD ' s d a t a . N o t e : N um
b er s a r e r o und e d t o t h e n e a r e s t p er c e n t a g e . S t a
t e s w i t h o u t p e r c e n t a g es h a d n o c a s es r e l a t e d t
o a c c e s s i b il i t y i s s u e s .
KS NE IA
MO HI
VA 1% DC 2%
WV 0% PA
MD 1% DE 0% NY 1%
NJ 0% MN
MI OH IN IL 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%
2% 1% 25%
GAO/ RCED-00- 160R 18
Enforcement
Complaints are generally resolved in one of the foll owing ways:
Settlement-- agreement between complainant and respondent resulting in a
withdrawal of the comp lai nt.
Conciliation-- agreement between complainant and respondent facili tated by
HUD or a FHAP agency.
Dismissal-- no basis for pursuing the complai nt. Administrative hearing--
through HUD's administrative
law judge or an equivalent state or local process. Civil acti on-- through
the appropri ate federal, state, or
lo cal court. Indiv iduals can bring suit on thei r own.
Enclosure I
GAO/ RCED- 00- 160R Fair Housing Accessibility Provisions 13
GAO/ RCED-00- 160R 19
Education and outreach
Exp la in ing what fair housing means and requires: HUD issued guidelines
cover ing accessibility requirements. HUD provides tr a ining and informati
on to the housing
industr y, advocacy gr oups, and the general public on accessi bil ity requ
iremen ts.
HUD provides mandatory training for FHAP agencies and FHIP grantees.
FHIP gr an tees develop p roducts that exp lain fa ir housing requirements
to the public and the housing i ndustry.
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
GAO/ RCED- 00- 160R Fair Housing Accessibility Provisions 14
GAO/ RCED-00- 160R 21
Mon itoring
Each FHIP gr an tee must notify HUD of a ll comp la ints r esu lting from
FHIP- funded
activities and reimburse the federal government when it r ece ives nonFHIP
funds resu lting fr om its enforcement activities.
Each FHIP gr an tee must not have been employed with in a 12- month peri od
by a
person or organization to be testing, so licit funds or provide services
withi n a 12- month
period to a person or organization that has been tested, or
use o ther funds for FHIP- funded activities.
GAO/ RCED-00- 160R 22
Other Functions
Genera l inquiries from the publi c are first referred to the local HUD
community 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 nationwi de study on conformi ty with accessibil
ity requirements.
HUD is collaborating on the development of national mode l building codes.
Enclosure III
GAO/ RCED- 00- 160R Fair Housing Accessibility Provisions 15
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
GAO/ RCED- 00- 160R Fair Housing Accessibility Provisions 16 (385836)
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