ADA Compliance for Real Estate Owners and Operators: Avoiding and Responding to Drive-By Claims and Enforcement Actions

Understanding the ADA Regulatory Framework and Potential for Abusive Litigation

A live 90-minute CLE webinar with interactive Q&A


Thursday, July 26, 2018 (in 10 days)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will review current ADA Title III accessibility requirements and the causes of action against property owners or operators for noncompliance. The panel will discuss the steps to take to avoid violations, how to respond to “drive-by” and other abusive claims, and proposed legislation currently before Congress which could curtail those claims.

Description

Title III of the Americans with Disabilities Act (ADA) regulates accessibility for individuals with disabilities to public accommodations and commercial facilities. Civil actions against places of public accommodation are in the spotlight due to a massive increase in “drive-by” lawsuits (63% year over year), which can be brought without notice by plaintiffs or attorneys who search out instances of noncompliance and then sue property owners or operators.

The ADA provides for private enforcement through federal lawsuits, and remedies include injunctive relief, attorneys’ fees and costs. The cost of defending against these actions can be significant, especially for small business owners who may be forced to settle a meritless claim rather than contest its legitimacy. Counsel must understand all of these potential causes of action.

To avoid drive-by claims, owners and operators should conduct due diligence to uncover any violations that could give rise to a claim under the ADA and take steps to remedy any deficiencies in accessibility before being subject to an opportunistic suit. Counsel must have a thorough knowledge of current ADA accessibility requirements to ensure such compliance.

Listen as our authoritative panel provides an overview of the legal requirements, how they apply to landlords versus tenants, how to minimize accessibility lawsuits, the access barriers frequently cited in suits, and strategies to employ in such cases. The panel will also discuss pending Congressional legislation, which would, among other things, require plaintiffs to provide owners and operators notice and an opportunity to cure before filing a lawsuit.

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Outline

  1. Overview of the ADA accessibility standards
  2. Civil actions allowed under the current regulatory framework
  3. Discussion of the recent increase in ADA claims
    1. Drive-by lawsuits
    2. Use of Google Maps
    3. Most common violations sited
  4. Conducting internal due diligence to spot violations
  5. Bringing noncomplying facilities into compliance
  6. Responding to drive-by claims
  7. Proposed Amendment to ADA Title III to protect property and business owners

Benefits

The panel will review these and other key issues:

  • What are the current ADA Title III accessibility standards and the most common violations?
  • What regulatory and civil actions are allowed under the ADA in the event of noncompliance?
  • How can property owners and operators avoid drive-by lawsuits?
  • How should owners and operators respond if a claim is filed?
  • What is the likelihood of legislative action in the coming year that might curtail drive-by litigation?

Faculty

Fritz, Kevin
Kevin A. Fritz

Atty
Seyfarth Shaw

Mr. Fritz’ experience spans the entire spectrum of the litigation process, including discrimination charges,...  |  Read More

Sarnoff, Julia
Julia N. Sarnoff

Counsel
Seyfarth Shaw

Ms. Sarnoff is counsel in the Washington, D.C. office of Seyfarth Shaw LLP and a member of the firm’s ADA Title...  |  Read More

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