Attention:

Disability Law for Local Planning and Zoning


Level: Intermediate
Runtime: 62 minutes
Recorded Date: August 25, 2020
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Agenda

  • Identify potential disability law issues involved in planning and zoning
  • Understand the key provisions of disability law applicable to these identified issues
  • Provide you with strategies for compliance
Runtime: 1 hour, 2 minutes
Recorded: August 25, 2020

Description

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.

This program was recorded on August 25th, 2020.

Provided By

American Bar Association

Panelists

Robin P. Malloy

E.I. White Chair and Distinguished Professor of Law
Syracuse University College of Law

Professor Robin Paul Malloy is the E.I. White Chair and Distinguished Professor of Law, and the Kauffman Professor of Entrepreneurship and Innovation. He is a leading expert on property, real estate transactions, land use law and zoning, and on law, markets, and marketization. He is a pioneer in his work at the intersection of land use law and disability law. Several of his works on market theory and law are translated into Chinese, Spanish, and Japanese. Professor Malloy has published eighteen books and over 30 scholarly articles, in addition to numerous book chapters and essays. He is a series editor on collections for Cambridge University Press, Routledge, and Edward Elgar. Malloy’s casebook on real estate transactions (with Smith, now in its 5th edition) is the leading book on the subject and is used at law schools across the country. Malloy has been the Sun Life Research Fellow at Oxford University, U.K.; the Dickenson Dees Fellow at University of Durham, U.K.; and for three consecutive summers served as a teaching fellow in China (Beijing and Shanghai) with the Committee on Legal Education Exchange with China. He currently serves on the International Advisory Board for the Law and Economics Program at St. Gallens University, Switzerland, and is a member of the Turin School of Local Regulation, Turin, Italy.

Malloy is the founding president of the Association for Law, Property, and Society. He also serves on the Board of the National Italian American Bar Association, the Board of the Central New York Research Corporation, and is Vice Chair of the Zoning Board of Appeal for the Town of DeWitt, NY. He has served on numerous committees of the Association of American Law Schools. He has chaired and served on a wide variety of committees at the College of Law. Malloy is also a member of the Purdue University President’s Council.

Christopher Baiamonte

Associate Attorney
Wladis Law Firm

Mr. Baiamonte concentrates his practice primarily on civil litigation. He counsels individual, corporate, and municipal clients on resolving disputes ranging from environmental liability to shareholders rights to creditor–debtor suits. He also works with clients to navigate various state and federal regulations relating to areas such as environmental protection, employment, and civil rights.

Mr. Baiamonte graduated cum laude with a B.S. from Keuka Collage and magna cum laude with a J.D. from Syracuse University College of Law. At the College of Law, he served as an Editor for the Syracuse Law Review, represented clients in landlord-tenant and elder financial abuse cases with the Elder and Health Law Clinic, and worked as a faculty research assistant on the publication of legal textbooks on disability rights, real estate, law and economics, and zoning. He also gained experience with the Volunteer Lawyers Project of Onondaga County assisting low-income clients with petitions to family court in custody, visitation, and child support matters.


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