Accessibility requirements proposed for state housing assistance

The Urban Affairs Committee heard testimony Jan. 27 on two measures intended to ensure that Nebraskans with mobility, hearing or vision impairments can find homes that meet their needs.

Bellevue Sen. Victor Rountree, sponsor of LB839 and LB840, said the proposals stem from an interim study that found an “acute need” for affordable housing units that are accessible for people with disabilities.

“While it is hard to say how many affordable, accessible units exist in the state,” he said, “we know that many people with disabilities are unable to find housing that meets their needs.”

For most housing projects built with federal funds, Rountree said, at least 5% of units must be accessible for people with mobility impairments and at least 2% must be accessible for people with sensory impairments.

LB840 would create a similar provision to qualify for assistance from the state’s Affordable Housing Trust Fund, requiring at least 20% of a multifamily housing project’s units to be accessible for people with mobility impairments and at least 10% to be accessible for people with hearing or vision impairments.

To more accurately gauge the number of accessible units on the market, Rountree said, LB839 would add a requirement to current biennial reports certain cities are required to submit to the committee. The reports provide details on cities’ efforts to address the availability of and incentives for affordable housing through zoning, ordinances and regulations.

The bill would require cities to report the number of multifamily housing units that have been designed and built in accordance with the federal Fair Housing Act’s accessibility requirements.

Kathy Hoell testified in support of both measures on behalf of the state’s Olmstead Advisory Committee, which helps integrate people with disabilities into their communities under a 1999 U.S. Supreme Court decision. She said the additional reporting requirement proposed under LB839 would give the committee a “snapshot in time” that it could use when making plans to increase Nebraska’s accessible housing stock.

“We have to know what we start with in order for us to make any changes,” Hoell said.

Blair MacDonald testified in opposition to LB839 on behalf of the Greater Nebraska Cities, including Grand Island, which is required to submit an affordable housing report. She said cities would have “substantial difficulty” in compiling information from 35 years’ worth of housing records, many of which are not digitized.

MacDonald said a shorter lookback period and a clearer definition of which multifamily dwellings should be included in the report would make the measure easier to comply with.

Zeke Rouse testified in support of LB840 on behalf of Spark, an Omaha community development nonprofit. He said lower minimum requirements for accessible units and an exemption for rehabilitation and adaptive use projects would make it easier for smaller developers and those restoring older buildings to comply with the bill.

Testifying in opposition to LB840 was Carol Bodeen of the Nebraska Housing Developers Association. Although developers support the bill’s intent, she said, most multifamily housing projects in Nebraska are built using federal funding sources, which already require a minimum percentage of accessible units.

In addition to considering requirements for new construction, Bodeen said, lawmakers should consider making funds available for homeowners or renters to make their current homes accessible.

“Preserving existing homes and allowing people to age in place deserves a priority in this conversation,” she said.

Also testifying in opposition to LB840 was Fred Hoppe, an affordable housing developer. He said the proposed minimum percentages seem “excessive” and that the majority of his projects’ fully accessible units end up being leased to people without disabilities.

Hoppe said his company builds all first-floor units to be “adaptable,” meaning that they are ready to be upgraded with features that make them fully accessible. He suggested requiring landlords to keep a reserve fund used to help tenants cover the approximately $5,000 needed to convert adaptable units to fully accessible units.

Dianne DeLair of Disability Rights Nebraska gave neutral testimony on both bills. Although certain units are adaptable, she said, currently the onus is on tenants to pay the high conversion costs.

Private apartment buildings constructed with state tax dollars should be required to include a minimum number of accessible units, she added.

The committee took no immediate action on either bill.