If a property is built to some standard other than one of the safe harbors, can it still comply with the Fair Housing Acts access requirements?
Yes. HUD said in the Introduction to the Accessibility Guidelines, “builders and developers may choose to depart from these guidelines and seek alternate ways to demonstrate that they have met the requirements of the Fair Housing Act.” The standard employed must meet all of the design and construction requirements specified in the Fair Housing Act and HUD’s Fair Housing Act regulations, and provide the same or a stricter degree of accessibility than the recognized safe harbors. Fair Housing Act Design Manual, page 13. Preamble to the Guidelines, 56 FR 9478-79, March 6, 1991. The purpose of the Fair Housing Act Guidelines is “to describe the minimum standards of compliance with the specific accessibility requirements of the Act.” Preamble to the Guidelines, 56 FR 9472, 9476, March 6, 1991.
Related Questions
- If a property is built to some standard other than one of the safe harbors, can it still comply with the Fair Housing Acts access requirements?
- If Section 504 and the Fair Housing Act apply to the same property, which standard applies?
- Would a Safe Haven qualify as "housing" under the Fair Housing Act?
