"No handicapped people allowed": the need for objective accessibility standards under the Fair Housing Act

The Fair Housing Act (FHA or the Act) sets forth accessibility requirements that housing developers must meet, but the Act does not contain objective performance standards for satisfying those requirements. When courts do not recognize minimal standards for accessibility in housing, persons with disabilities, developers, and the government all pay a price. Developers will continue to build housing that is inaccessible to persons with disabilities, re-litigating the same question about accessibility, which is costly to both the government and developers. . This omission creates substantial barriers in housing opportunities for persons with disabilities. This comment argues that objective standards would safeguard the rights of persons with disabilities under the FHA, put developers on notice that they must build by an objective standard, and preserve the government's litigation resources. Courts should recognize that US Department of Housing and Urban Development regulations establish minimal accessibility standards, deserve judicial deference under established administrative law principles, and effectuate Congress's intent to eliminate barriers to equal housing opportunities for persons with disabilities.