Question 3 About the Fair Housing Act - Safe Harbors

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The following question and answer are provided by the US Department of Housing and Urban Development.

What are the 15 “safe harbors” for compliance with the Fair Housing Act and where can I find them?

HUD recognizes 15 safe harbors to meet FHA regulations to provide a range of options that—if followed in their entirety without modification or waiver—will keep residential buildings compliant with the FHA. The new safe harbors are generally aligned with the current codes (minus any local amendments to the IBC), which may make it less complicated by limiting the layers of the requirements. They are:

1. HUD Fair Housing Accessibility Guidelines published on March 6, 1991 and the Supplemental Notice to Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines, published on June 28, 1994.

2. HUD Fair Housing Act Design Manual

3. ANSI A117.1 (1986), used with the Fair Housing Act, HUD's regulations, and the Guidelines.

4. CABO/ANSI A117.1 (1992), used with the Fair Housing Act, HUD's regulations, and the Guidelines.

5. ICC/ANSI A117.1 (1998), used with the Fair Housing Act, HUD's regulations, and the Guidelines.

6. Code Requirements for Housing Accessibility 2000 (CRHA).

7. International Building Code 2000 as amended by the 2001 Supplement to the International Codes.

8. International Building Code 2003, with one condition*.

9. ICC/ANSI A117.1 - 2003 (Accessible and Usable Buildings and Facilities)

10. 2006 International Building Code® (loose leaf)

11. A117.1-2009 used with the Fair Housing Act, HUD’s regulations, and the Guidelines.

12. International Building Code 2009

13. International Building Code 2012

14. International Building Code 2015

15. International Building Code 2018

The IBC is a model building code and not a law. It provides minimum standards for public safety, health, and welfare as they are affected by building construction. The IBC is published by the International Code Council, which was formed to bring national uniformity to building codes.

* Effective February 28, 2005 HUD determined that the IBC 2003 is a safe harbor, conditioned upon ICC publishing and distributing a statement to jurisdictions and past and future purchasers of the 2003 IBC stating, "ICC interprets Section 1104.1, and specifically, the exception to Section 1104.1, to be read together with Section 1107.4, and that the Code requires an accessible pedestrian route from site arrival points to accessible building entrances, unless site impracticality applies. Exception 1 to Section 1107.4 is not applicable to site arrival points for any Type B dwelling units because site impracticality is addressed under Section 1107.7."

HUD's adoption of these standards is found in the Preamble to the Fair Housing Act Design Manual (1998).

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If you have questions about an apartment or condominium building with respect to ADA and FHA compliance, please contact Richard Acree at 615-752-0060, or inspections4ada@gmail.com , at ADA Inspections Nationwide, LLC (ADAIN). ADAIN provides multi-family building and facility inspections for compliance with the ADA and FHA.