Lobbying Affiliate: MML&K Government Solutions

I rent office space in a high rise building. Who is responsible, the landlord or the tenant, for making it compliant with the Americans with Disabilities Act? Business First, Legal Forum, August 9, 2013


Business First, Legal Forum, August 9, 2013

Authored by Cynthia L. Effinger

Pursuant to federal law, both the landlord and tenant are liable for noncompliance with Title III of the ADA, which establishes regulations for "public accommodations." Routinely, a landlord and tenant specify in the terms of the lease what party is responsible for actually making changes, removing barriers, providing aids and services, and/ or the costs associated therewith. This is acceptable. However, a commercial lease assigning liability to the landlord or tenant for ADA noncompliance is unenforceable. In the event a discrimination suit is filed by an individual or the Attorney General, the landlord and tenant will almost always both be included in the Complaint, regardless of the terms of the lease.

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