Does a condominium unit that is pre-sold and custom designed during construction for a particular purchaser have to comply with the access requirements in the Fair Housing Act?
Yes. The fact that a condominium unit is sold before the completion of construction does not exempt a developer from compliance with the access requirements. The access requirements are mandatory regardless of the ownership status of the individual unit. Preamble to the Guidelines, 56 FR 9472, 9481 (March 6, 1991), Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines, 59 FR 33362-33368, June 28, 1994, question 3(b).
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