A federal district court in Northern California has determined that landlords need to be more proactive when it comes to the accessibility of their tenant spaces. Historically, commercial landlords have not concerned themselves with areas outside of their own exterior common area because their leases state that the tenant is responsible for ADA compliance. In this case, the court agreed that although the ADA allows landlords and tenants to allocate the responsibility for compliance between themselves, both parties are liable for violations in leased spaces with respect to persons with disabilities who are denied access. Both the landlord and tenant [...]

Based on information from lawsuits filed against The Americans with Disabilities Act (ADA) violations, as required by California Senate Bill 1186, the California Commission on Disability Access (CCDA) has compiled the following list: Top Ten Alleged Construction Issues (Jul-Dec 2019) Rank Description % 1 Access Height of Goods, Support, Services, and Equipment: Heights of surfaces such as counters, bars, or tables are not compliant. 21 2 Exterior Path of Travel – Pathway: Routes to and from parking lot or public right of way are not accessible. May include uneven surfaces or lack of detectable warnings. 11 3 Number [...]

Accessible routes for pedestrians are an ongoing debate for commercial and office retail spaces,  although the requirement for a property owner to have accessible routes from the public walking path to connecting all buildings on the site is part of the 2013 California Building Code. The question arises when a site only has a vehicular access point from the building entrance to the facility, and whether or not there should be pedestrian access. Most property owners believe that if a concrete or asphalt path is the access point between buildings in a facility, they are not responsible for providing [...]

Code enforcement against businesses violating The Americans with Disabilities Act (ADA) continue to rise, while civil lawsuits set record levels year over year. California is particularly active in penalizing ADA code violations. In the first half of 2019, the state represented a staggering 43% of the country’s ADA lawsuits according to Seyfarth Shaw LLP. ADA compliance is an important aspect of facility management. Courts continue to rule against businesses violating the ADA for failing to meet legal regulations with curb cuts, parking, signage, wheelchair ramps, countertops, and restroom facilities. Quite often, business owners have no idea of the violations prior [...]