HUD Clarifies Filing Deadline for Fair Housing Design and Construction Claims

The Department of Housing and Urban Development (HUD) has issued new guidance clarifying that Fair Housing Act (FHA) design and construction accessibility violations are discrete acts, not continuing violations. HUD now considers these claims to arise during the design and construction process and end when construction is complete.

Effective immediately, administrative complaints alleging design and construction violations must be filed within one year after the initial certificate of occupancy is issued. Separately, the FHA also allows an aggrieved person to bring a civil lawsuit in federal or state court, regardless of whether they have first filed a HUD administrative complaint. However, HUD’s new guidance applies only to administrative complaints.

The guidance rescinds HUD’s prior position that accessibility claims could remain indefinitely as while noncompliant features existed. HUD says the continued presence of accessibility barriers does not restart or extend the statute of limitations.

The change provides greater certainty for builders, developers and subsequent property owners by establishing a clear limitations period and limiting liability for owners who were not involved in the original design or construction of a property.