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Practices & Industries

Fair Housing and Accessibility

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Baker Donelson's Fair Housing and Accessibility Team is dedicated to helping clients navigate the complex legal landscape of housing accessibility and nondiscrimination.

Overview


Key Contact

We advise developers, owners, operators, housing authorities, property managers, architects, contractors, and investors on compliance with the Fair Housing Act (FHA), Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), and related state and local accessibility requirements. Our work includes design and construction compliance reviews, accessibility audits, reasonable accommodation and assistance animal issues, policy development, due diligence for acquisitions and dispositions, remediation planning, and risk management counseling. We have represented clients in investigations, administrative proceedings, and litigation brought by the U.S. Department of Housing and Uban Development (HUD), the Department of Justice (DOJ), state and local agencies, advocacy organizations, testers, and private plaintiffs.

Our experience extends across multifamily housing, affordable housing, student housing, senior living communities, mixed-use developments, hospitality properties, and publicly funded housing. We work closely with clients throughout the development lifecycle, from design review and construction through acquisition, operations, dispute resolution, and portfolio management. Whether advising on new development projects, counseling on policy development, responding to questions or complaints, or conducting accessibility audits, we are committed to helping clients meet their obligations and build environments that serve all residents.

Our Experience Includes

Design and Construction Compliance

  • Advised developers, owners, architects, and contractors on FHA design and construction compliance for hundreds of multifamily residential developments nationwide, including market-rate, affordable, student, and senior housing communities.
  • Conducted accessibility reviews and provided compliance advice for multifamily projects throughout the design, construction, and pre-occupancy phases to address FHA, ADA, and state accessibility requirements.
  • Advised architectural firms on accessibility compliance issues involving multifamily, mixed-use, student housing, hospitality, and institutional projects.

Transactions and Due Diligence

  • Conducted accessibility due diligence in connection with the acquisition of a 27-property senior housing portfolio, evaluating compliance with the FHA, ADA, Section 504, and applicable building code requirements.
  • Advised institutional investors, multifamily owners, and senior housing operators on accessibility risks associated with acquisitions, dispositions, recapitalizations, and portfolio transactions nationwide.

Government Investigations and Administrative Proceedings

  • Defended housing providers in numerous HUD, state fair housing agency, and local human rights commission investigations involving disability discrimination, reasonable accommodations, assistance animals, and accessibility claims.
  • Represented clients in DOJ accessibility investigations and negotiated resolution of alleged accessibility deficiencies in residential and mixed-use developments.
  • Advised housing authorities and publicly funded housing providers on FHA, ADA, and Section 504 compliance obligations.

Fair Housing Litigation

  • Defended national multifamily housing providers in FHA litigation involving disability accommodations, accessibility compliance, and discrimination allegations in federal and state courts.
  • Served as defense counsel in numerous administrative and judicial FHA proceedings brought by individual complainants, testing organizations, advocacy groups, and governmental agencies.
  • Represented a residential developer in longstanding federal accessibility litigation involving a luxury multifamily development and facilitated resolution that enabled a subsequent asset sale.

Advocacy Group and Testing Cases

  • Defended multifamily housing owners and operators in accessibility and discrimination claims brought by fair housing advocacy organizations and testing groups.
  • Represented owners and managers in pre-suit demands and litigation arising from fair housing testing programs involving disability accommodation and accessibility allegations.

Policies, Training, and Operational Counseling

  • Developed FHA policies, accommodation procedures, assistance animal policies, and operational best practices for national and regional housing providers.
  • Conducted FHA, ADA, and accessibility training programs for property management personnel, housing authorities, and industry organizations.

Student Housing and Senior Housing

  • Advised owners, developers, and architects on accessibility compliance for student housing communities and campus housing projects at colleges and universities across the country.
  • Counseled senior housing owners and operators regarding FHA, ADA, and Section 504 compliance issues in independent living, assisted living, and memory care facilities.

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