ADA FHA Legislation
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FHA liability for subsequent purchasers – what’s next?
Until 2011 it was clear that a person who purchased an existing multi-family development or apartment complex and was not affiliated with the original owner did not have the kind of liability that would require making every unit accessible. “Design/build” liability of that kind was reserved to the original owner of the project based on 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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Pool lifts and preemption of state tort claims
In the heated debate over the new ADA pool lift requirements the hospitality industry, which is the industry most affected, has argued that tort liability for misuse of the lifts is an important objection to their installation. Safety is important, of course, but this may be one case where liability is not a problem because Continue reading
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The ACCESS Act – A statutory quick fix that needs some fixing.
By Richard Hunt In a letter to the Subcommittee on the Judiciary the National Multi Housing Counsel and National Apartment Association expressed support for HR 3356 as a solution to abusive litigation under the ADA and FHA. The goals of the ADA Compliance for Customer Entry to Stores and Services (“ACCESS”) Act, as HR 3356 Continue reading
