Does HUD review plans for compliance with the design and construction requirements of the Fair Housing Act?
No. Under the Fair Housing Act, HUD is not required to review or approve builder’s plans or issue certifications of compliance with the Fair Housing Act’s design and construction requirements. 42 U.S.C. 3604(f)(5)(D). The burden of compliance rests with the person or persons who design and construct covered multifamily dwellings. See the Fair Housing Act Design Manual, page 2. HUD does provide training and technical assistance about interpretations of the law, regulations, the Guidelines and so forth, including through the Fair Housing Accessibility FIRST project.
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