The Fair Housing Act (“FHA”), prohibits discrimination in the sale or rental of housing on the basis of an individual’s race, color, religion, sex or national origin. In 1988, Congress amended the FHA to further prohibit discrimination against persons with disabilities.To ensure that developers, architects, engineers and other professionals constructing multifamily dwellings to be accessible to persons with disabilities, the FHA contains certain “design and construction” requirements. These requirements include accessible building entrances, common and public use areas, kitchens and bathrooms.

Failure to incorporate FHA accessible “design and construction” features in multifamily dwellings amounts to discrimination on the basis of handicap.  This is a violation of federal law. The FHA offers three methods of enforcement, each with its own statute of limitations period.

Unfortunately, the federal courts are not all in agreement. Some courts have held that the statute of limitations begins to run after the non-compliant building is completed; others say it begins to run when the last non-compliant unit in a development has been sold; still others use a theory called the “continuing violation doctrine” to hold that the statute of limitations begins anew every day so long as the non-compliant unit remains in existence.  

View the statute of limitations map and chart for each geographic area to see what the statute of limitations are in your region.

Fo more information, contact Jeff Augello or call him at 800-368-5242 x8490. [Return to top]