HUD sets new time limit on Fair Housing accessibility complaints

Previously, complaints could be filed as long as the violation remained.

1 minute read

September 6, 2026, 7:00 AM PDT

By Zachary Whalen


A wheelchair ramp provides access to a building.

The HUD’s new guidance reclassifies these violations as discrete acts, allowing for it to place a statute of limitations on administrative complaints. | U. J. Alexander

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.

Friday, September 4, 2026 in Smart Cities Dive

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