We certainly want all people - including those with disabilities – to live in a safe and healthy environment. But we also want them to have an equal opportunity to live in neighborhoods and communities alongside people without disabilities, as we know that this has its own positive outcomes for health and wellbeing. There are certain instances when building codes or other safety requirements are too excessive. This generally happens when the “safety” requirements are established or applied based on stereotypes or misperceptions about a given population’s capabilities. In some cases, it can also be a pretext for trying to keep certain people out of the neighborhood altogether. In these instances, the building code or safety requirement may run afoul of the federal Fair Housing Amendments Act (“FHAA”).
On January 26, 2020, President Biden issued an Executive Order (EO) encouraging the Department of Housing and Urban Development (HUD) to redouble its efforts to implement and enforce the Fair Housing Act. This blog discusses the January 26th EO’s potential impact on the disabled population and assisted living providers. When it comes to housing for the disabled, the EO notes that, “Although Federal fair housing laws were expanded to include protections for individuals with disabilities, a lack of access to affordable and integrated living options remains a significant problem.”
Residential assisted living homes are subject to a variety of laws, regulations, and rules. This is because assisted living is a regulated industry and governments and neighborhoods want to have a say in where and how you build your home and how you operate it. Understanding how these laws fit together can be confusing. The purpose of this blog is to help give you a roadmap to find your way through.
