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Washington Law Review

Housing Law

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"No Handicapped People Allowed": The Need For Objective Accessibiity Standards Under The Fair Housing Act, Michael J. Jeter Mar 2016

"No Handicapped People Allowed": The Need For Objective Accessibiity Standards Under The Fair Housing Act, Michael J. Jeter

Washington Law Review

The Fair Housing Act (FHA or the Act) sets forth accessibility requirements that housing developers must meet, but the Act does not contain objective performance standards for satisfying those requirements. This omission creates substantial barriers in housing opportunities for persons with disabilities. For example, the FHA mandates that doors must be wide enough to allow passage of wheelchair users, but it does not provide measurements for door width. The United States Department of Housing and Urban Development (HUD) has attempted to use ten model building codes or “safe harbors” from its regulations as minimal objective standards for accessibility. HUD and …