The Departments of Justice (DOJ) and Housing and Urban Development (HUD) have released new guidance on design and construction requirements under the Fair Housing Act. The Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability. One of the types of disability discrimination prohibited by the Act is the failure to design and construct covered multifamily dwellings with certain features of accessible design. The statement provides guidance regarding the persons, entities, and types of housing and related facilities that are subject to the accessible design and construction requirements. It does not, however, focus on the specific technical criteria that must be followed to comply with those requirements because HUD has already provided rulemaking and specific technical guidance to the public on those criteria. The guidance covers any multi-family project (more than 4 units) constructed in the US after March 13, 1991, with some limitations when one unit is owner occupied.

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