Landlord Rights & Remedies Under Title III
- wheelchair access sign image by Gina Smith from Fotolia.com
The Americans with Disabilities Act was signed into law in 1990 to provide equal opportunity to Americans living with disabilities. Under Title III of the Act, both the landlord and tenant of any public building are held responsible to make necessary accommodations for those with disabilities. Some examples of these accommodations are making curb cuts at sidewalks, widening doorways, and removing barriers that prohibit entry into the building for people in wheelchairs. - Under Title III, any public accommodation---including restaurants, hotels, doctors' offices, retail stores, hospitals, commercial facilities, office buildings, factories and warehouses---must ensure equal opportunity for all patrons by removing any architectural and structural barriers that prohibit access for those with disabilities. If this is not possible, the landlord and tenant must provide an alternative means of access and provide auxiliary aids to ensure effective communication.
- A landlord or tenant is not required to make barrier adjustments in a public building unless such adjustments are "readily achievable." Readily achievable is defined as "easily accomplishable and able to be carried out without much difficulty or expense." This means, for example, that elevator installation or total reconstruction are not required due to the large expense. However, small adjustments to the building structure can be made, such as the addition of a ramp, steps, and a grip bar. Height adjustments are also fairly simple remedies that can be made in order to accommodate those with disabilities.
- The ADA requires that auxiliary aids and services be provided or readily accessible to communicate with individuals with hearing or vision impairments. These remedies include "qualified interpreters, assistive listening devices, notetakers, and written materials, taped texts, and Brailled or large-print materials." However, in a restaurant, for example, Braille menus are not required if a staff member is on hand to read the menu to the customer. Similarly, Braille price tags are not required in stores if a staff member can accommodate the customer.
- Restaurants may need to make adjustments to accommodate wheelchairs. Also, fitting rooms in retail stores must allocate 5 percent of the rooms to be wheelchair-accessible. Retail parking lots must provide a certain number of handicap-accessible spaces, the specific number is determined by the space available.
- Both the landlord and tenant are held responsible for making the public buildings accessible to those with disabilities. Any lawsuit against the company or facility can be filed against both the landlord and tenant. It is recommended the landlord and tenant agree on any changes before signing a lease or contract.
- A landlord with questions about his or her rights under the ADA should contact an attorney or the U.S. Department of Justice. Cases are decided by the Department of Justice or by a court judge if legal action has been filed against the landlord and tenant.