Trump administration revokes Obama-era rule that tied owners to endless accessibility lawsuits

The Trump administration, via HUD and the Department of Justice, has revoked a controversial Obama-era mandate that permitted perpetual liability for accessibility violations in existing buildings. The former rule required owners to fund more than $112 million in retrofits over the past five years and was cited as a major factor inflating housing costs and limiting FHA-backed financing. The new policy resets the filing clock to the date a building receives its certificate of occupancy, giving individuals and advocacy groups a one-year window for administrative complaints and a two-year limit for civil suits.

HUD Secretary Scott Turner and Assistant Secretary Craig Trainor argued the earlier guidance exceeded statutory authority and harmed affordable-housing supply. The revision also reflects a Ninth Circuit decision that liability ends when construction is completed. By aligning enforcement with the 1988 Fair Housing Act’s explicit limitations, the administration hopes to reduce construction costs and expand housing availability.