ADA Accessibility Compliance for Real Estate Owners and Developers

Determining Compliance Standards, Conducting Due Diligence and Other Risk Mitigation Strategies

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Tuesday, November 25, 2014

Recorded event now available

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Program Materials

This CLE webinar will guide real estate counsel in understanding the revised ADA requirements for public and private entities, navigating the available safe harbors, proactively addressing ADA compliance as the rules continue to evolve, and structuring contractual risk mitigation.

Description

The 2010 ADA Title III Regulations, effective since Mar. 2012, set new standards for facility accessibility, clarified or expanded key operational accessibility requirements (e.g., service animals, effective communication), and addressed new accessibility issues (e.g., reservations, power mobility devices).

Counsel must guide clients in making ADA compliance a high priority to avoid exposure to lawsuits. As the revised accessibility rules are enforced and court decisions continue to impact compliance standards, real estate and construction counsel must understand all of the evolving requirements under the ADA.

ADA due diligence includes title, environmental, structural and finance elements, and impacts landlords, lenders, owners and property managers. ADA risk management also includes insurance coverage and indemnification and contribution in transaction documents.

Listen as our panel of ADA specialists reviews the new and revised compliance requirements, explains who is covered by the ADA, outlines the most common errors and omissions, and offers steps to comply with ADA accessibility requirements.

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Outline

  1. Overview of the revised ADA Accessibility Standards
  2. Exemptions and safe harbors for pre-2010 compliance
  3. Due diligence under ADA for real estate transactions
  4. Contractual provisions and insurance coverage to minimize the risks of noncompliance
  5. Enforcement mechanisms and trends

Benefits

The panel will review these and other key issues:

  • Compliance requirements of the revised ADA Standards for Accessible Design
  • ADA compliance safe harbors
  • Critical elements of ADA due diligence for real estate professionals
  • How to avoid becoming a target of an ADA investigation and enforcement action

Faculty

Kristina Launey
Kristina Launey
Partner
Seyfarth Shaw

Ms. Launey's regularly provides advice to and defends clients in litigation arising under Titles II and III of...  |  Read More

Martin Orlick
Martin Orlick
Partner
Jeffer Mangels Butler & Mitchell

Mr. Orlick's practice focuses primarily on real estate transactions and real estate litigation. He is...  |  Read More

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