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NAHB Supports Builder in Fair Housing Accessibility Case

NAHB has filed a friend of the court brief in a fair housing accessibility case brought by the U.S. Department of Justice against Edward Rose and Sons, an NAHB member and multifamily developer from Michigan.

The case is examining whether the Department of Housing and Urban Development’s accessibility guidelines for multifamily buildings under the Fair Housing Act require the primary entrance of a unit to be accessible or whether other alternative designs — such as a side or patio entrance — can be used.

The Federal District Court for the Eastern District of Michigan agreed with the Justice Department that the primary entrance to a unit is a “public or common use” area that must be accessible.

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NAHB is arguing that HUD’s guidelines are not regulations and only the statute — which never mentions “primary”entrances — establishes legally binding requirements for accessibility.

NAHB is also arguing that since the design in question complies with several of HUD’s safe harbor documents, and was built to a state building code specifically designed to meet the requirements of the Fair Housing Act, that the Department of Justice’s position on enforcement is contrary to HUD’s policy of encouraging flexibility and alternative designs.

The Fair Housing Act’s accessibility provisions require all multifamily dwellings constructed for first occupancy after March 13, 1991, to be built with seven design features to make them accessible to persons with disabilities.

The case is on appeal to the U.S. Circuit Court of Appeals for the Sixth Circuit.

For further information, e-mail Bruce Lundegren, NAHB's regulatory counsel, or call him at 800-368-5242 x8305.
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