Court Rules Federal Standards Not the Only Way to Comply with Accessibility Requirements
January 1, 2012
Court Rules Federal Standards Not the Only Way to Comply with Accessibility Requirements
The apartment industry won a significant victory in November 2011 when a judge rejected a claim that the only way to comply with federal accessibility regulations in designing and constructing properties is to follow standards approved by the federal government.
At issue was a Justice Department (DOJ) lawsuit filed against JPI Apartment Construction alleging a pattern and practice of failing to comply with the accessibility requirements of the Fair Housing Act and the Americans with Disabilities Act.
The judge rejected DOJ’s request for summary judgment after the defense team led by Holland & Knight demonstrated that there are other ways to meet accessibility requirements and that failure to meet the standards favored by the U.S. does not constitute unlawful discrimination. The court concluded that the defendants had presented ample facts sup- porting a finding that the properties’ were generally accessible and usable by persons with disabilities. The matter is now positioned to proceed to trial.
NMHC/NAA and others in the apartment industry have long argued for the need for tolerances in determining compliance with accessibility requirements. Of note, an expert for the defense team cited NMHC/NAA’s 2010 study on accessibility as part of his expert opinion. This study, Accessibility Standards for Multifamily Housing: Report on Approaches with Focus on Slope, Reach, Tolerance and Measurement, identifies the most critical design elements for developers and challenges the current standards as the only means of achieving compliance in these areas.
About the Author: Bob Cain
Some 30 years ago Bob Cain went to a no-money-down seminar and got the notion that owning rental property would be just the best idea there is for making money. He bought some. Trouble was, what he learned at the seminar didn’t tell him how to make money on his rental property. He went looking for help in the form of a magazine or newsletter about the business. He couldn't find any.
Always ready to jump at a great idea, he decided he could put his speaking and writing skills to work and perform a valuable service for other investors who needed more information about property management. So Bob ferreted out the secrets, tricks and techniques of property management wherever he found them; then he passed them along to other landlords.
For over 25 years now, Bob has been publishing information, giving speeches, putting on seminars and workshops, and consulting for landlords on how to buy, rent and manage property more effectively.
