Last week I described how liability for design/build claims under the FHA can last forever. The same problem exists with design/build claims under the ADA, as shown by the decision in Frame v. City of Arlington. There are even surprises with the statute of limitations for barrier removal cases. For example, after a plaintiff encounters an access barrier he can wait as long as he wants before filing suit. In Pickern v. Holiday Quality Foods the Ninth Circuit said that as long as the plaintiff is aware of the discriminatory condition and is deterred from returning to the building the violation of the ADA continues. In Pickern the plaintiff had driven to the store within the limitations period, and although he remained in his car there was some evidence of real deterrence. Nonetheless, the rule stated in Pickern would allow a plaintiff to stew at home for as many years or decades as she chose before filing suit. More
Condominiums
Endless liability for FHA design/build claims is alive and well
By richardhunt in Accessibility Litigation Trends, ADA FHA General, ADA FHA Litigation General, Apartments, Condominiums, Multi-Family, Statute of Limitatinos Tags: ada litigation, Apartments, Condominiums, FHA Litigation, Statute of limitations
The apartment complex is complete, the construction crews have gone home, and a certificate of occupancy has been issued. A decade passes, and then another. The apartments are sold and the developer, contractor and architect move on to other projects. Any complaints about construction of the apartments in compliance with FHA accessibility requirements seem lost in the mists of time. And then comes the lawsuit. A disabled renter has discovered that the individual units are not FHA compliant and sues the entire original development team demanding that they renovate the entire complex. Surely such a claim is barred by the FHA’s two year statute of limitations. Unfortunately, in most of the U.S. it is not. More