ADA Title III Compliance for Real Estate Owners and Operators: Avoiding and Responding to Drive-By 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 on the rise, with 2019 setting records of more than 11,000 lawsuits filed. These claims can be brought without notice by plaintiffs or attorneys who search out noncompliance and then sue property owners or operators.

The ADA provides 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.