Updates
September 2, 2015
The Americans With Disabilities Act (ADA) prohibits discrimination based on disability. Title III of the ADA requires that businesses provide accommodations to persons with disabilities and access that is equal or similar to that available to the general public. What many property owners do not realize is that the ADA applies to landlords, even if the landlord delegates disability accommodation to its tenant. Failing to understand this obligation can create significant liability exposure for a property owner.

Title III of the ADA applies to “public accommodations” (retail, service, and other businesses) and “commercial facilities” (office buildings, warehouses, factories, etc.) operated by private entities, including owners or landlords. A landlord, as an owner of a place of “public accommodation,” has an independent obligation to comply with the ADA that cannot be discharged by contradictory provisions in a contract with a tenant.

For more information on a landlord’s responsibilities under the ADA and how to mitigate risk, please click here.