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This web page was created through the inspiration and work of the MS Bar and it's Executive Director, Mr. Larry Houchins, in assisting members of the Bar to utilize technology.

HUD CORNER Americans with Disabilities Act (ADA)

Several months ago a FHA multifamily client of mine informed me he was a party of an ADA CLASS ACTION law suit. As a FHA lawyer, I found this perplexing and puzzling considering the myriad of reviews of the plans and specifications by FHA, Code enforcement, the licensed architect, along with other professional reviewing the design and construction or renovation of a development. My research leads me to believe you could comply with HUD review and still find yourself a party to an ADA CLASS ACTION lawsuit. The first reason for this is possible because the FHA guideline and ADA (which is more general) are separate laws. The second reason is a segment of my profession is constantly seeking to discover new victims for class actions.  I believe ADA should be enforced reasonably but not to the extent of a “tobacco” class action suit since there was a good faith effort to comply with the law, considering FHA approves the plans and specification. Attached are links for discussion and information about this issue which will be updated on a frequent basis. The due diligence suggestions to minimize ADA violation should be viewed with a sense of urgency considering the growing number of sizable awards for ADA violations.


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