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Is Tenant or Landlord responsible for ADA Compliance?

 

June 21, 2018

 

Question:

Hi Jennifer, 

Am I responsible for ADA compliance or is the Landlord?  

Thanks, Dr. L

Answer:

I asked Jonathan Rogoff, Esq., of our Healthcare Department to take this one and here is his answer: 

Doctor, your practice qualifies as a "public accommodation" under Title III of the ADA. Public accommodations must remove barriers in existing buildings where it is "readily achievable", meaning that removing the barriers is easily accomplishable and able to be carried out without much difficulty or expense. 42 U.S.C. Section 12182(b)(2)(iv)&(v). 

Both the tenant and property owner are responsible for ADA compliance within the area occupied by tenants. This responsibility may be allocated by the lease.  I repeat, this responsibility may be allocated by the lease.  To the extent a compliance element may be in the hands of the Landlord, the Landlord may transfer same to the Tenant by the Lease.  Generally, operational issues within the tenant space will be the responsibility of the tenant, while both the landlord and tenant may be responsible for compliance of the physical improvements, especially when the Tenant is planning to do renovation work in the space. 28 CFR § 36.403(d). 

The regulations also indicate that individuals must have access to places of public accommodation from public sidewalks, parking or public transportation by installing an entrance ramp, widening an entrance, or creating accessible parking. 28 C.F.R. Section 36.304.


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