Thursday, October 20, 2011

Condominiums and the FHA and ADA - Part 2 of 3

What is Grandfathering? 

I first saw Grandfathering in the Fair Housing Act.  What it means is that a regulation has been put in place, like the Fair Housing Act, and any building before that date need not comply.  The Fair Housing Amendments of Act of 1988 established design and construction requirements for multi-family housing built for first occupancy after March 13, 1991.  So, everything before March 13, 1991 is Grandfathered in, meaning need not comply..."kind of"!

The Fair Housing Act is Civil Rights Law litigated in Federal Court, but we also have building code litigated in Civil Court, and that was not Grandfathered in, in Building Code, and one must not only comply with Civil Rights Law, but also building code regulations.  One has a double track regarding building design and construction requirement. 

What about the Americans with Disabilities Act of 1990.  More complications, but will save for another posting.

Let us know your thoughts and/or questions on the above.  You can leave your comments here or on our FaceBook at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730.  You can also contact us at hfalstad@accessts.net or call us at (702) 649-7575.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

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