The Department of Housing and Urban Development (HUD) has issued a new guidance updating the statute of limitations on violation claims relating to the design and construction requirements of the Fair Housing Act.
HUD’s action rescinds an Obama-era policy that gave third parties an indefinite period of time to file accessibility-related complaints over original building design flaws. The department stated this policy resulted in more than $110 million in repair costs enacted against building owners, regardless of whether they were owned the property during the design and construction period.
Under the new guidance, complaints can only be filed within one year of the completion of construction. For private civil lawsuits filed in federal court, the statute of limitations is now set at two years from the completion of construction.
“For too long, unnecessary government policies have contributed to the skyrocketing cost of building, buying, and renting a home. Today’s action rescinds unnecessary and expensive liability created by legal theories that have no basis in law,” said HUD Secretary Scott Turner. “The Trump Administration is following the law as written by Congress and interpreted by the courts. We will continue to repeal and replace guidance that does not honor these lawful commitments while ensuring Americans can access affordable housing.”
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