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Learn how to navigate one of the fastest growing areas of concern for local governments; the intersection of disability law with land development, planning, and regulation. The author simplifies the task of learning disability law by sorting through and organizing numerous provisions of our federal disability laws and explaining how these provisions relate to everyday practice and decision making.
Table des matières
Preface vii
Acknowledgments ix
About the Author xi
1 Introduction 1
2 Planning, Design, and Use 5
3 Applicable Federal Law 25
4 People Protected Under the ADA, RHA, and FHA 39
5 Coverage of the ADA, RHA, and FHA 47
6 Anti-Discrimination Provisions 51
7 Methods of Demonstrating Discrimination 55
8 Planning for Sidewalks 87
9 Emotional Support and Service Animals 101
10 Standing 109
11 Remedies 115
12 ADA Title III 119
vi¿DISABILITY LAW FOR PROPERTY, LAND USE, AND ZONING LAWYERS
13 Special Provisions and Issues for Housing 125
14 Historic Districts and Historic Preservation 129
15 Public Entity: Responsible Employee
and Grievance Procedures 133
Conclusion 135
Table of Cases 000
Index 000
A propos de l'auteur
Robin Paul Malloy is the E.I. White Chair and Distinguished Professor of Law, and the Kauffman Professor of Entrepreneurship and Innovation at Syracuse University College of Law. He is a leading expert on property, real estate transactions, and land use and zoning law. Malloy is the co-author of the leading casebook on Real Estate Transactions and has published eighteen 18 books and more than 30 scholarly articles, in addition to numerous book chapters and essays. He is a pioneer in his work on the intersection of land use law and disability law. Malloy's book, Land Use Law and Disability: Planning and Zoning for Accessible Communities, Cambridge University Press, 2015, and his casebook, Land Use and Zoning Law: Planning for Accessible Communities, Carolina Academic Press, 2018 are leading books in the field. In addition to writing on topics related to real estate, property, and land use, Malloy has numerous books that address issues in law and market theory.
Résumé
More importantly, the author focuses on clearing up the confusion that is often associated with thinking that disability law is really just about designing doorways, bathrooms, and office space. While design issues are important to accessibility, there are many legal issues involved with knowing when certain elements of the law are applicable to a situation and in knowing what needs to be done to avoid claims of discrimination. Failure to comply with these requirements can be costly and can result in years of litigation.
This book includes:
• Straightforward discussion of relevant provisions of the Americans with Disability Act (ADA), the Fair Housing Act (FHA), the Rehabilitation Act (RHA), and the Architectural Barriers Act (ABA) and explanation of terms and concepts under the ADA, FHA, RHA, and ABA;
• Analysis of all three methods of proving discrimination for failure to comply with disability laws;
• Discussion of potential defenses to complaints regarding lack of accessibility—not every request for greater accessibility has to be met, certain criteria apply; and
• Numerous examples and illustrations enhance understanding of rules and regulations.
