State and federal fair housing laws that prohibit discrimination against persons with disabilities impose basic "accessibility" structural standards for newly constructed covered multifamily dwellings. The State Building Code also imposes accessibility standards and requires that blueprints be reviewed for accessibility compliance and that "handicapped review certificates" be issued for every covered multifamily dwelling.
The Iowa Civil Rights Commission recently completed a four-step study to determine the level of compliance with those accessibility requirements. The Commission (1) reviewed existing accessibility studies, (2) reviewed State Building Code "handicapped review certificate" files, (3) surveyed county and city housing officials, and (4) conducted on-site surveys of covered multifamily dwellings.
Existing Accessibility Studies. The Commission reviewed the latest "Fair Housing Impediments Analysis" studies conducted by the Cities of Cedar Falls, Cedar Rapids, Council Bluffs, Davenport, Dubuque, Iowa City, Mason City, Sioux City, and Waterloo. Four studies did not address accessibility. Three indicated a shortage of accessible housing and two indicated compliance problems in new construction.
The Fair Housing Center in Omaha, Nebraska, recently surveyed a number of new construction projects throughout Nebraska and Council Bluffs, Iowa, and found significant compliance problems. Indeed, frequently the building inspectors who would be called upon to ensure that the blueprints provided for accessibility compliance had scant familiarity with the provisions of the law. The Fair Housing Center report includes a quote from a building inspector in Council Bluffs, stating that he thought that "if the building could be made accessible (e.g. the light switch could be lowered or a ramp could be installed) then the requirements are met."
State Building Code "handicapped review certificate" files. In March 1998, the Commission reviewed all certificate files for the period, January 1, 1992 through January 16, 1998, and learned that the Building Code Bureau had issued 202 certificates for covered multifamily dwellings during that six-year time period.
Surveys of Counties and Cities. In late-Spring 1998, the Commission surveyed all 99 counties and 948 cities in Iowa, and recorded 906 responses for an 87% response rate. 66% of the responders indicated that they did not review new construction to determine whether accessibility requirements are met and 73% indicated that they did not conduct on-site inspections of newly constructed multifamily dwellings. Responders to the survey also indicated that they have collectively issued 2,295 permits for multifamily housing projects since January 1, 1992.
On-site surveys. During the Summer 1998, the Commission surveyed 32 multifamily properties, all constructed after January 1, 1992, in six Iowa communities – Ames, Cedar Falls, Cedar Rapids, Coralville, Des Moines, and Newton. Every survey revealed violations of the accessibility requirements, some just a few and others many. Typical violations included: lack of curb cuts and accessible parking; environmental controls, fire alarms, and mailboxes placed too high; steps to the rental office and to individual units; and inaccessible common areas, like trash dumpsters and picnic areas.