• NY Apartment Law
  • Fair & Affordable Housing
  • Commercial Lease Law
  • Guidebooks
  • Archives
  • Main Articles
  • Departments
  • eAlerts
  • Blogs
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • NY Apartment Law
  • New York Apartment Law Insider
  • New York Landlord V. Tenant
  • Co-Op & Condo Case Law Digest
  • New York Rent Regulation Checklist, Fourth Edition
  • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
  • Fair Housing Coach
  • Assisted Housing Management Insider
  • Tax Credit Housing Management Insider
  • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
  • Commercial Lease Law Insider
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses: Tenant's Edition
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses, 17/e
  • Main Articles
  • Features
  • Certification
  • Compliance
  • Crime & Security
  • Dealing with Households
  • Income Calculations
  • Maintenance
  • Screening Applicants
  • Departments
  • Dos and Don'ts
  • Q and A
  • Recent Court Rulings
  • HUD Audits
  • In the News
  • Ask the Insider
  • Ask the Insider
  • Send Us A Question
May 28, 2025
We use cookies to provide you with a better experience. By continuing to browse the site you are agreeing to our use of cookies in accordance with our Cookie Policy.
The Habitat Group Logo
  • NY Apartment Law
    • New York Apartment Law Insider
    • New York Landlord V. Tenant
    • Co-Op & Condo Case Law Digest
    • New York Rent Regulation Checklist, Fourth Edition
    • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
    • Fair Housing Coach
    • Assisted Housing Management Insider
    • Tax Credit Housing Management Insider
    • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
    • Commercial Lease Law Insider
    • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses, 17/e
    • Best Commercial Lease Clauses: Tenant's Edition
  • Guidebooks
  • May 28, 2025
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • May 28, 2025
AHMI Logo.webp
  • Archives
  • Main Articles
    • Features
    • Certification
    • Compliance
    • Crime & Security
    • Dealing with Households
    • Income Calculations
    • Maintenance
    • Screening Applicants
  • Departments
    • Dos and Don'ts
    • Q and A
    • Recent Court Rulings
    • HUD Audits
    • In the News
    • Ask the Insider
      • Send Us A Question
  • eAlerts
  • Blogs
Free Issue
The Habitat Group Logo
May 28, 2025
  • Log In
  • Log Out
  • My Account
Home » "Continuing" Fair Housing Violations Not Barred by Statute of Limitations

"Continuing" Fair Housing Violations Not Barred by Statute of Limitations

Feb 26, 2009

Facts: Five fair housing organizations sued the builders and owners of 82 multifamily apartment complexes, alleging that the builders constructed the complexes in a manner that denied access to disabled persons, in violation of the Fair Housing Amendments Act. The builders and owners designed and built the apartment complexes, with over 22,000 units, in 10 states between 1991 and 2007. The fair housing organizations claimed that the builders and owners “engaged in a continuous pattern and practice of discrimination against people with disabilities” by “designing and/or constructing” apartment complexes that deny full access to and use of the facilities as required under the law.

The builders and owners asked the court to dismiss the case, arguing that some of the claims were barred by the two-year statute of limitations under the law. The court refused to dismiss the case, and the builders and owners appealed, arguing that the court should reconsider their request in light of the Ninth Circuit's decision in a similar case, Garcia v. Brockway [Month, Year TK].

Decision: The U.S. District Court for the Northern District of California denied the defendants' request for reconsideration.

Reasoning: Despite the Garcia decision, the court stood by its ruling that the fair housing organizations were not barred from seeking relief for complexes that were designed and constructed more than two years before they filed their complaint, if they were designed and constructed pursuant to a pattern or practice that continued into the statute of limitations period. The court concluded that the fair housing organizations had clearly alleged a “continuing violation” of the law and that none of the claims against the builders and owners were barred by the statute of limitations. The court disagreed with defendants' argument that the Garcia case made the continuing violation doctrine inapplicable to “design and construct” discrimination claims.

  • National Fair Housing Alliance, Inc. v. Spanos, September 2008
Recent Court Rulings
    • Related Articles

      Owner Not Liable for Retaliation, Time-Barred Alleged Discriminatory Acts

      PHA Not Liable for Deaths Caused by Lack of Smoke Alarm and Second Egress

      Resident Breached Housing Quality Standards by Not Paying Water Bills

    • Publications
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Co-op & Condo Case Law Tracker Digest
      • Fair Housing Coach
      • New York Apartment Law Insider
      • New York Landlord v. Tenant
      • Tax Credit Housing Management Insider
    • Additional Links
      • Contact Us
      • Advertise
      • Group Subscriptions
      • Privacy Policy
    • Boards of Advisors
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Fair Housing Coach
      • New York Apartment Law Insider
      • Tax Credit Housing Management Insider
    ©2025. All Rights Reserved. Content: The Habitat Group. CMS, Hosting & Web Development: ePublishing
    The Habitat Group Logo
    • NY Apartment Law
      • New York Apartment Law Insider
      • New York Landlord V. Tenant
      • Co-Op & Condo Case Law Digest
      • New York Rent Regulation Checklist, Fourth Edition
      • 2025 New York City Apartment Management Checklist
    • Fair & Affordable Housing
      • Fair Housing Coach
      • Assisted Housing Management Insider
      • Tax Credit Housing Management Insider
      • Fair Housing Boot Camp. Basic Training For New Hires
    • Commercial Lease Law
      • Commercial Lease Law Insider
      • Best Commercial Lease Clauses, 17/e
        • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses: Tenant's Edition
    • Guidebooks
    • May 28, 2025
    • Log In
    • Log Out
    • My Account
    • Subscribe
    • May 28, 2025
    AHMI Logo.webp
    • Archives
    • Main Articles
      • Features
      • Certification
      • Compliance
      • Crime & Security
      • Dealing with Households
      • Income Calculations
      • Maintenance
      • Screening Applicants
    • Departments
      • Dos and Don'ts
      • Q and A
      • Recent Court Rulings
      • HUD Audits
      • In the News
      • Ask the Insider
        • Send Us A Question
    • eAlerts
    • Blogs
    Free Issue
    The Habitat Group Logo
    May 28, 2025
    • Log In
    • Log Out
    • My Account