We certainly want all people - including those with disabilities – to live in a safe and healthy environment. But we also want them to have an equal opportunity to live in neighborhoods and communities alongside people without disabilities, as we know that this has its own positive outcomes for health and wellbeing. There are certain instances when building codes or other safety requirements are too excessive. This generally happens when the “safety” requirements are established or applied based on stereotypes or misperceptions about a given population’s capabilities. In some cases, it can also be a pretext for trying to keep certain people out of the neighborhood altogether. In these instances, the building code or safety requirement may run afoul of the federal Fair Housing Amendments Act (“FHAA”).

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