Multifamily Housing Accessibility

If you are an architect, developer, builder, site engineer, or owner of a multifamily housing construction project, you are expected to know that the federal Fair Housing Act requires nearly every multifamily property of four or more units to be constructed with basic features of accessibility for people with disabilities. You should also understand that state and local building codes, building departments, permit officials, and building inspectors are not required to incorporate or inspect for compliance with the FHA’s requirements. Yet, because federal law is the highest law of the land, your multifamily property needs to comply with federal accessibility requirements first, before any state or local laws or building codes are considered. Here are just a few of the things you should know:

• 26% of Americans have a disability, yet research shows that less than 5% of housing is accessible to people with disabilities.
• No matter what part you play in the design and construction process—owner, architect, developer, builder, etc.—you are 100% responsible for compliance with the FHA, whether you know about it or not.
• There are very few justifiable defenses to noncompliance. In most cases, your property either complies with the FHA’s requirements or it doesn’t, and you are liable if it doesn’t.
• The most common remedy for noncompliance is retrofits to the property, which can be extremely expensive—certainly far more expensive than complying in the first place.
• Other federal accessibility laws may also apply to your property. If you have a leasing office, the Americans with Disabilities Act likely applies. If you get federal funding, including federal tax credits, Section 504 of the Rehabilitation Act likely applies.

Cases involving the FHA’s accessibility requirements (commonly referred to as “design & construction” cases), are some of the most frustrating cases I have litigated in my career. Frustrating because noncompliance is rarely intentional, but rather a result of those involved in design and construction not being aware of the requirements or not understanding how they interact with state and local building codes and processes. And the fix—not to mention litigation—is many times more expensive than getting it right in the first place. Let me help you get it right, and you will protect your business and create much-needed accessible housing.