Department of Housing and Urban Development July 18, 2007 – Federal Register Recent Federal Regulation Documents

This proposed rule would amend HUD's regulations with respect to the design and construction requirements of the Fair Housing Act and its amendments by updating and clarifying the references to the American National Standards Institute (ANSI) building standard for accessibility and by codifying the current HUD recognized safe harbors under the Act. The ANSI A117.1 standard is the technical standard for the design of facilities that are accessible to persons with disabilities, including housing facilities, and is commonly referred to as ``ANSI A117.1.'' The ANSI A117.1 standard is referenced in the 1988 amendments to the Fair Housing Act. Compliance with ANSI A117.1 satisfies the accessibility requirements of the Fair Housing Act and its amendments. This proposed rule would update the references to the ANSI A117.1 to adopt the 2003 edition of the standard. This proposed rule would also clarify that compliance with the appropriate requirements of the 1986, 1992, and 1998 editions also remains sufficient to meet the design and construction requirements of the Fair Housing Act and its amendments.

This proposed rule would allow public housing agencies (PHAs) to use proceeds under either the Capital Fund or Operating Fund programs for financing activities, including payments of debt service and customary financing costs for the modernization and development of public housing, including public housing in mixed-finance developments. The pledge of public housing projects and other property generally involves the long-term commitment of public housing funds. This proposed rule would support HUD's objective to enhance PHA capital improvement planning and the public housing program transition to asset management decision-making by establishing program requirements, submission requirements, and the approval process for PHAs to request authorization from HUD to pledge either capital or operating funds for debt service payments.