Miami ADA Compliance Attorney
Lawyer Preparing Florida Landords for ADA Compliance
The Americans with Disabilities Act prevents discrimination against people with disabilities across several areas, including employment, transportation, public accommodations, communications, and access to state and local government’ programs and services (source). This important piece of Civil Rights Legislation was passed in 1990 and promotes inclusivity across industries for both workers and consumers.
Unfortunately, this can mean that many landlords and property owners find themselves out of compliance and in serious violation. You can unknowingly be out of compliance and be faced with a lawsuit.
You don’t want to take on an ADA Compliance lawsuit without legal representation.
Common ADA Compliance Violations include:
Not having wheelchair accessibility
Failure to have handicapped parking spaces
Having narrow doorways
Elevator service issues
Having a grab bar available in bathrooms
What is a Landlord’s ADA Responsibility?
It is required by law, that landlords not discriminate against a tenant on the basis of a disability. As a landlord, you also may not inquire about the nature of a tenant’s disability, however, if you agree to make the necessary updates, you can ask for proof that the modifications will in fact make the living space more functional for your tenant.
Pay attention to complaints relating to ADA compliance.
You don’t want to face a lawsuit because you treated a tenant as a nuisance or didn’t take their complaint seriously.
Do You Know ADA Compliance for Your Rental Property?
The ADA is composed of five titles pertaining to different areas of public life. Here’s a breakdown:
ADA Title I. Employment
This title covers access to employment opportunities for people with disabilities to ensure equal access and says that empowers should make accommodations for disabled employees to be able to perform their duties. This title is regulated and enforced by the U.S. Equal Employment Opportunity Commission.
ADA Title II. State and Local Government
Title II prohibits discrimination against people with disabilities in public entities such as agencies run by state and local government (i.e. transportation systems). This title is regulated and enforced by the U.S. Department of Justice.
ADA Title III. Public Accommodations and Services
This title promotes accommodations for individuals with disabilities in privately owned public spaces such as restaurants, hotels, storefronts, doctor’s offices, movie theaters, etc. It prohibits discrimination and requires that these establishments make reasonable modifications in order to serve people with disabilities. This title is regulated and enforced by the U.S. Department of Justice.
ADA Title IV. Telecommunications
Regulated by the Federal Communication Commission, this title requires that telecommunications (telephone and internet) companies provide a system of services that allow disabled individuals to use their services (i.e. closed caption).
ADA Title V. Misc. Provisions
The fifth and final title covers a variety of provisions that relate the ADA to other laws and provides a list of conditions that are not considered disabilities.