Developers and municipalities should follow the accessibility mandates of the Massachusetts Architectural Access Board (MAAB) rules and regulations and the design and construction requirements of the Federal Fair Housing Amendments Act of 1988.
When a development receives federal, state, or local government funding assistance, compliance with the accessibility standards of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 is triggered. Compliance with these rules should be enforced.
Greater awareness and education are necessary to help builders, designers, and municipalities coordinate and balance compliance with accessible and fair housing and accessibility mandates. MAAB requirements are not always more stringent than federal accessibility laws. There is often a lack of full understanding on requirements and the differences in scoping and coverage between the two codes. As a result, architects, builders, contractors, and other trades people sometimes fail to follow federal mandates. This results in violations to federal fair housing laws and lessens the number of accessible units created.
HUD’s Fair Housing Accessibility First Program is a successful model being used to advance fair housing accessibility compliance, specifically addressing the lack of awareness and understanding of the FHAA Design and Construction Mandates.
The Citizens’ Housing and Planning Association Access Committee is currently developing an accessibility action plan. The Committee comprises state agencies, developers, housing advocates, disability advocates, architects, attorneys, and code inspectors. The action plan will address issues such as: resolving the code issues between MAAB and federal mandates, enforcement of accessibility laws, state housing agency oversight, and technical assistance and training on access codes.