Enforcement for ADA/ABA/FHA Compliance Has to Start at the Top

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Recently Andrew Pulrang wrote an excellent article about poor compliance with enforcement of ADA/ABA/FHA laws. I agree with the main points in the article but I would like to suggest that compliance has to start at the top. And by the top I mean with every elected federal official and state governor. And I don’t think it is happening.

I say that because if you look at Bid Notices provided by the System for Award Managment (SAM) for federally funded projects to build or renovate buildings owned or leased by the federal government, or the Bid Notices for state projects, you will rarely see any emphasis on ADA/ABA/FHA compliance. To fix this I recommend that every Request for Qualifications (RFQ) or Proposal (RFP) regarding new government buildings or renovations/additions to existing government buildings should specifically break out compliance with ADA/ABA/FHA laws, as applicable.

And I think it is important for the federal government to set an example with compliance. That means agencies such as HUD, GSA, VA, USAB and DOJ should be manned accordingly to insure a high level of compliance. It may require the use of civilian contractors to help with enforcement, but it has to happen if we are ever going to see a high level of accessibility compliance.

Regarding existing buildings and company websites, normally the US Access Board and Department of Justice are responsible for enforcement. But given the huge number of buildings, playgrounds, parking lots, and websites out there, it is not realistic to expect USAB and DOJ to keep up with all of the possible discrepancies. Again this may require the use of civilian contractors.

For that reason I propose that every state have a Disability Compliance Coordinator or Administrator who is responsible for state-level enforcement of these laws. This individual/agency should be the enforcement agency for all state government funded projects and the individual/agency should be responsible for enforcement of all laws for ADA/ABA/FHA compliance. County and city ADA Coordinators should report to the State Disability Compliance Coordinator.

Building accessibility compliance inspectors need to be trained and certified at the state level. As a minimum, accessibility compliance inspectors must be knowledgeable of the federal and state laws. Remember, almost all public and government buildings must comply with federal accessibility laws. State accessibility guidelines cannot weaken federal laws, but state guidelines can exceed federal laws.

Also, municipal inspections of new builds and renovations/additions should have a specific accessibility compliance inspection before the final approval, such as a Certificate of Occupancy, is issued. These inspections should be similar as the break-out inspections such as foundation, electrical rough-in, pre-drywall structural, etc.

I know this is another level of tax payer funded bureaucracy, but the ADA/ABA/FHA laws have been in effect for almost 30+ years and even new buildings today are frequently not built within the accessibility laws. See the excellent article by Andrew Pulrang about a brand-new library in Queens, New York where some of the library’s most aesthetically striking features were grossly inaccessible to people with mobility impairments. This is outrageous. And it should not happen. What I am proposing can help prevent this sort of gross error from happening.

Thank you.