Disability Law for Local Planning and Zoning [CC]

July 23, 2020
https://www.americanbar.org/content/dam/aba-cms-dotorg/products/mtg/web/402637790/402637790.Def.L.png

Discussion focuses on how best to navigate the intersection of disability law with land development, planning, and zoning regulation. Coverage includes the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), and the Rehabilitation Act (RHA). The program makes clear that disability law is not just about designing doorways, bathrooms, and office space. Local governments are facing lawsuits on a number of issues including failure to provide a reasonable accommodation; failure to meet the standards of accessibility applicable to new construction and maintenance of state and local facilities, programs, services and activities; and, failure to conduct planning and zoning hearings in a way that addresses the specific legal criteria of the ADA, FHA, and RHA. This program explains the requirements of disability law; suggests how to avoid potential legal problems from noncompliance; and, offers information on some of the defenses available in responding to the most common allegations of noncompliance.

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