HUD Issues Guidance Asserting Narrower Window for Fair Housing Act Design and Accessibility Claims
Sep 14, 2026
By Renee Williams, NLIHC Senior Advisor for Public Policy
On August 31, 2026, HUD published a memo outlining the agency’s view that the “Fair Housing Act” (FHA) provides a narrower window to bring design and construction claims, a marked shift from prior federal guidance. This memo represents the latest administrative action attempting to weaken disability rights protections, including the right of people with disabilities to live in integrated community settings and protections for individuals needing emotional support animals.
The August 2026 memo, issued by HUD’s Office of Fair Housing and Equal Opportunity (FHEO), argues that the statute of limitations—or, the amount of time a person has to file a complaint regarding a violation of law—begins for design and construction claims when a certificate of occupancy is issued. Under the FHA, housing discrimination includes the failure to design, and construct covered multifamily buildings with certain features (e.g., accessible common areas, doors wide enough to accommodate wheelchairs, light switches in accessible locations, etc.). These requirements apply to covered multifamily buildings constructed for first occupancy after March 13, 1991.
The change in interpretation means that HUD is applying a narrower timeframe for design and construction claims to be filed with HUD. In HUD’s view, the clock to file begins ticking as soon as a certificate of occupancy is issued, even if a person does not actually experience harm due to a design and construction violation until many years later.
The Disability Rights Education & Defense Fund (DREDF) has created a resource about the recent HUD change.
The Broader Context
HUD’s memo contrasts with HUD and Department of Justice (DOJ) guidance issued in 2013, which interpreted the statute of limitations period to start when someone was injured by an FHA design and construction violation. In anticipation of the August 31 memo, HUD and DOJ rescinded this prior interpretation from their joint 2013 guidance.
The statute of limitations under the FHA is one year for administrative claims (i.e., claims filed with HUD) and two years for claims filed in court. As the DREDF explainer notes, HUD’s guidance tells HUD staff how to process administrative complaints, but courts themselves determine how to analyze the statute of limitations for complaints filed in court.
The change in federal guidance comes as accessible housing needs go unmet for many renters. NLIHC’s 2025 National Renter Survey found that in the U.S., nearly 10.2 million adult renters either need, or live with someone who needs, accessibility features. Almost 88% of those renters are ages 62 or older, have a disability or chronic condition, or live with someone with these characteristics. Yet, the survey also found that most renters who need mobility features or sensory accessibility features do not have them.
In response to the HUD memo, National Fair Housing Alliance (NFHA) condemned the change, stating in part: “This about-face drastically limits the rights of people with disabilities throughout our country. And contrary to HUD’s claims, this won’t do anything to make housing more affordable. Plenty of law-abiding housing providers build and operate accessible and affordable units every year. All this does is provide a pass to the bad actors who decided not to follow the law and locked people with disabilities out of housing in the process.”
Read HUD’s memo.
Read the HUD/DOJ Joint Guidance.
Read the DREDF explainer.
Read NFHA’s statement.