Should Tenants or Landlord Make ADA Fixes?

[mark handler]

Should Tenants or Landlord Make ADA Fixes?

Cody Kitaura

http://rosemont.patch.com/articles/poll-should-tenants-or-landlord-make-ada-fixes

A McGeorge professor weighs in on the Rosemont Plaza ADA case.

When five Rosemont Plaza businesses were sued for allegedly not providing proper disabled access to their bathrooms, parking lots and other areas, some wondered if their landlord would be responsible for making the requested fixes.

Scott Johnson, the attorney who filed the suits, previously said he wanted landlords to be the ones who had to pay up to make any accessibility changes.

"It'd be nice if congress said property owners are responsible, period," Johnson said in a previous interview. "Then you've got the people with the wherewithal to fix the properties."

The official response from the limited partnership that owns the Kiefer Boulevard property didn't address the issue, denying Johnson's claims and asking for the suit to be thrown out.

So whose responsibility is it?

Brian Landsberg, a Pacific McGeorge School of Law professor who has studied the Americans with Disabilities Act, said it depends on the leases signed by the various businesses:

"According to Department of Justice regulation: 'Both the landlord who owns the building that houses a place of public accommodation and the tenant who owns or operates the place of public accommodation are public accommodations subject to the requirements of this part. As between the parties, allocation of responsibility for complying with the obligations of this part may be determined by lease or other contract.' "

 

[fatboy]

It just needs to be addressed anytime a new lease is signed............who is responsible for accessibility?

If it were me, as a potential leaseholder, I'd put it back on the owner. JMHO

 

[mark handler]

It just needs to be addressed anytime a new lease is signed............who is responsible for accessibility? If it were me, as a potential leaseholder, I'd put it back on the owner. JMHO

Both the landlord and the tenant .... have full responsibility for complying with all ADA title III requirements applicable to that place of public accommodation. http://www.ada.gov/taman3.html

 

[fatboy]

I understand what the law may say......I'm saying that it should be explicitly spelled out in a rental agreement.

 

[peach]

common areas - landlord; tenant spaces - tenant. What's not so clear cut is if a tenant moves into the space without making renovations. Under ADA, I believe it's still true that only 20% of the renovation cost needs to go towards accessibility upgrades... (or they have to spend an additional 20% however the verbiage is).

 

[brudgers]

I understand what the law may say......I'm saying that it should be explicitly spelled out in a rental agreement.

Regardless of what is spelled out in the rental agreement, it does not trump Federal law which holds both responsible...and there's a reason triple net leases are popular with tenants.

 

[brudgers]

common areas - landlord; tenant spaces - tenant. What's not so clear cut is if a tenant moves into the space without making renovations. Under ADA, I believe it's still true that only 20% of the renovation cost needs to go towards accessibility upgrades... (or they have to spend an additional 20% however the verbiage is).

Tenants and owners are still responsible for removing architectural barriers irrespective of renovating.

 

[fatboy]

Again, I understand what the law says..............what I was pointing out is a person signing a lease, had best make sure what they are agreeing to.

 

[mark handler]

Most tenants have no idea what they are agreeing to.

 

[brudgers]

Again, I understand what the law says..............what I was pointing out is a person signing a lease, had best make sure what they are agreeing to.

Well, that's true of anything one signs (or a verbal agreement).