New Guidance on Design & Construction, Service Animals

The Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ) have jointly released new guidance on design and construction requirements under the Fair Housing Act. The Fair Housing Act prohibits discrimination in housing based on disability, race, color, national origin, religion, sex and familial status; it requires that multifamily housing built for first occupancy after March 1991 contain accessible features for persons with disabilities. According to HUD, “The new guidance is designed to assist design professionals, developers and builders in understanding and meeting their obligations and to assist persons with disabilities in understanding their rights regarding the ‘design and construction’ requirements of the federal Fair Housing Act.”

HUD has also issued a notice on assistance animals and reasonable accommodations for persons with disabilities. The notice discusses the intersection of the Fair Housing Act and the Americans with Disabilities Act with regard to assistance animals, describing housing owner’s obligations under the Fair Housing Act and when multiple nondiscrimination laws apply.

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