Where Can I Find Accessibility Requirements Under the Fair Housing Act?
“An ounce of prevention is worth a pound of cure.” Benjamin Franklin’s idiom is well suited to many aspects of life and the construction industry is no exception. In yet another case involving elements of design and construction that are in conflict with the Fair Housing Act, the United States District Court for the Southern District of Illinois has issued an informative opinion in the resolution of a particular instance of a violation.
Construction professionals should familiarize themselves with the provisions of the Federal regulations, statutes and reports cited in the opinion in understanding the duties and obligations they are beholden to under the FHA.
In U.S. v. Shanrie Co, Inc., et al., (S.D. IL, Doc No. 07-491-DRH), The United States brought an action against the developers, designers, and owners of two apartment complexes in southern Illinois near St. Louis alleging that the buildings, as constructed, violated key portions of the Fair Housing Act.
Interestingly, these parties were already the subject of an order entered in 2007 in another action involving many similar issues which were left unresolved.
Violated the Fair Housing Act’s (42 U.S.C. §§3601-19) provisions regarding “adaptive design.” As an aside, HUD has had regulations in place discussing the FHA’s design and construction requirements 24 C.F.R. §100.200, and guidelines of the minimum standards for compliance with the design and construction requirements, 56 Fed.Reg. 9473-9515.
This case contains a detailed analysis of the congressional intent behind the enactment of the FHAA noting the House of Representatives Report stating that the purpose of the act was not just to address intentional discrimination but to also address those acts that have the effect of causing discrimination. The discussion is interesting in that it lays the foundation for the Court’s decision to follow the FHA and hold that the Act contemplates “discrimination” to include a “failure to design and construct multifamily dwellings… in compliance with the accessibility features specified in the statute.”
Yes, the court found all defendants, liable including the owners who took possession after the building was constructed and the design professionals that did not own the building at any time. One of the design professionals was the engineer that certified the plans. The Court also found that a remediation plan was necessary and that retrofitting the apartments would be an appropriate remedy.
Familiarize yourself with the requirements for FHA compliant structures – not only because it will keep you from litigating and correcting non-compliance issues, but because a society espousing equal access actually looks to our industry to provide the concrete reality of equal access and we should provide it.
