This final rule updates the Department of Housing and Urban Development’s (HUD) references to the ANSI A117.1 in their recognized safe harbors for complying with the Fair Housing Act accessibility requirements.

Below are some important items to note when following the Fair Housing Act:

• When more than one law applies to a project, and there are different accessibility standards for each law, the governing principle to follow is that the more stringent requirements of each law apply.
  
• If a designer or builder does not rely on one of the HUD-recognized safe harbors, that designer or builder has the burden of demonstrating how its efforts comply with the accessibility requirements of the Fair Housing Act.
  
• If a State or locality has adopted one of the safe harbors without modification to the provisions that address the Fair Housing Act requirements, a building covered by the Act’s design and construction requirements will be deemed compliant provided that:
  
  
  • The building is designed and constructed in accordance with plans and specifications approved during the building permitting proces
    
  • The building code official does not waive, incorrectly interpret, or misapply one or more of those requirements
    
• However, neither of these practices changes HUD’s statutory responsibility to conduct an investigation following the receipt of a complaint from an aggrieved person to determine whether the requirements of the Fair Housing Act have been met.
  
• It is HUD’s position that these safe harbors apply only when used in their entirety, and that a building in question should comply with all of the provisions in that document that address the Fair Housing Act design and construction requirements.
  
• The benefit of the safe harbor may be lost if the designer or builder chooses to select provisions from more than one of the safe harbors.

View the Final Rule.

View HUD's Recognized 10 Safe Harbors.

For more information, e-mail Carmel McGuire or contact her at 800-368-5242 x8207.

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