Residential Development
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What 2013 will bring for ADA and FHA accessibility litigation
2012 brought with it the final effective date for the 2010 Accessibility Standards and with that new possibilities for claims under the ADA and FHA. The most significant change in the standards from a litigation standpoint was the imposition of long pending requirements for ATM’s, which brought a wave of new cases around the nation.… Continue reading
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A statute of repose proposal for FHA and ADA design/build liability
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… Continue reading
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Not as private as you think.
The 2010 ADA Standards were big news for commercial developers, retailers and others whose businesses are open to the public. They seem far less important to residential developers, because on their face they don’t apply, or apply only in limited places, like a leasing or sales office.There is, however, an easy to overlook application of… Continue reading