Fair Housing Accessibility Design and Construction Requirements

Accessibility Regulations/Court Rulings

• Final Fair Housing Accessibility Guidelines
  HUD guidelines providing technical guidance on how to comply with the accessibility requirements of the Fair Housing Amendments Act of 1988. (March 1996)

• ICC Accessibility "Safe Harbor"
  HUD regulations codifying 10 safe harbors for compliance with federal accessibility requirements. (October 2008)

• Court Ruling: Statute of Limitations on Accessibility Private Civil Lawsuits
  Court ruling that private civil actions alleging Fair Housing Act Accessibility violations must be filed within two years of when the last certificate of occupancy is issued. (May 2008)

• Court Rules Advocacy Group Does Not Have Standing in Accessibility Lawsuit
  U.S. District Court for the District of Columbia ruling dismissing a lawsuit filed against Post Properties for alleged violations of the Fair Housing Act’s accessibility requirements. The court ruled that ERC lacked standing to bring the lawsuit because any injuries the organization suffered were due to its own decision to investigate Post and were thus self-inflicted. (September 29, 2009)

• Court Rules Federal Standards Not the Only Way to Comply with Accessibility Requirements
  Important development in the effort to urge for tolerances in determining accessibility. (November 2011)

NMHC Guidance and Resources

• NMHC Accessibility Review Manual
  Provides an overview of all the laws governing housing accessibility, including the Fair Housing Act, the Americans with Disabilities Act, ADAAG and Section 504 of Rehabilitation Act of 1973. Considers application of each to new construction and existing buildings and offers additional sources of information for each law. (2001)

• Understanding Your Obligations: Federal Accessibility Requirements
  Identifies key requirements of the Fair Housing Act and ADA design, construction and operational requirements, and highlights some of the more confusing aspects of the laws. (May 2006)

• Accessibility Standards for Multifamily Housing: Report on Approaches with Focus on Slope, Reach, Tolerance and Measurement
  Report by the Blanck Group, a recognized leader in the disability community for their expertise in disability law and policy, that seeks to investigate whether the current standards and existing safe harbors are the only means of achieving accessibility. (June 2010)

• NMHC Guidance: Revised ADA Pool Accessibility Regulations
  Reviews revised compliance obligations for swimming pools that are open to the public, e.g. where memberships are sold to non-residents. (December 2010)

HUD Guidance

• HUD/DOJ Issue New Guidance on Accessibility “Design and Construction” Requirements
  FAQ document that does not make substantive changes to the existing law, but provides additional guidance on areas HUD felt merited clarification.

• HUD Housing Provider Education/Outreach Program
  HUD's Fair Housing FIRST initiative (training program, web site, toll-free technical guidance number) to help housing providers comply with federal fair housing accessibility before they begin construction. (March 2003)

• HUD Q&A on Accessibility Guidelines
  Frequently asked questions about the types of multifamily dwellings subject to the accessibility requirements. (June 1994)

• HUD Guidance on Third-Party Purchasers
  HUD Guidance on whether a subsequent purchaser can be held liable for a building's failure to satisfy federal accessibility requirements. (February 4, 1999)

Additional Resources

• Hotlinks: Accessibility

• Article: Easy Access
  NMHC's Jeanne McGlynn Delgado reviews key accessible housing issues for property owners. (September 2008)

• Equal Rights Center, Trammell Crow Settle Accessibility Lawsuit

• Fair Housing Accessibility: What Apartment Owners & Managers Need to Know
  Attorney Carolyn Osolink reviews design and operational requirements, how to avoid litigation and what to do if you are sued. (January 10, 2006)