Previously, complaints could be filed as long as the violation remained.
The U.S. Department of Housing and Urban Development is limiting the amount of time a person has to file an accessibly violation complaint regarding multifamily housing design and construction under the Fair Housing Act. As of Sept. 2, plaintiffs must file accessibility violation complaints within one year of the building’s initial certificate of occupancy. Previously, claims could be filed at virtually any time.
The HUD previously classified FHA design and construction accessibility violations as continuing violations, meaning complaints remained viable as long as the violating conditions persisted. The new guidance reclassifies these violations as discrete acts and places a statute of limitations on administrative complaints, Ryan Kushner writes for Smart Cities Dive.
“The National Association of Home Builders says the change provides more clarity for housing developers, while the National Fair Housing Alliance argues it reduces the rights of people with disabilities,” Smart Cities Dive reports.
Read the full story: Fair housing construction accessibility complaints now have a deadline, HUD says
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