Key facts
- HUD has rescinded prior guidance on fair housing design and construction enforcement.
- A one-year statute of limitations is now applied, tied to a building's initial certificate of occupancy.
- Violations of the Fair Housing Act's accessibility requirements are now treated as discrete.
- This replaces a 2013 interpretation that considered violations continuing until fixed.
- The change is based on recent Supreme Court and appellate decisions.
- HUD supports a two-year limitations period for private civil actions.
The U.S. Department of Housing and Urban Development (HUD) has revised its enforcement policy for fair housing design and construction requirements, establishing a one-year statute of limitations. This change, detailed in a memorandum from Assistant Secretary Craig Trainor, means administrative complaints alleging violations of accessibility standards must be filed within one year of a building's initial certificate of occupancy.
This new guidance replaces a 2013 joint statement by HUD and the Department of Justice that had treated such violations as "continuing" until rectified, potentially exposing builders and subsequent owners to indefinite liability. HUD Secretary Scott Turner stated that the prior policies unnecessarily increased building costs and that the rescinded liability had no basis in law. The department's updated position aligns with recent Supreme Court and appellate decisions emphasizing statutory text and limiting agency deference.
Under the updated guidance, a failure to design and construct accessible multifamily housing is considered a discriminatory practice that concludes upon completion of construction, as evidenced by the certificate of occupancy. The continued existence of inaccessible features is now viewed as an effect of a past violation, not a new or continuing one that would reset the limitations clock. HUD also indicated support for a two-year limitations period for private civil actions, though courts retain final decision-making authority.
According to HUD, the previous interpretation of the law resulted in over $110 million in repair and retrofit costs over the past five years, often levied against owners who were not involved in the original design or construction.