Why ADA Compliance Should Be a Top Priority for Commercial Landlords

If you’re a commercial landlord or property manager, you’re likely familiar with the Americans with Disabilities Act (ADA). Ensuring your properties follow ADA guidelines isn’t just about avoiding lawsuits; it’s about creating an inclusive and welcoming environment for all. Failing to comply can lead to legal consequences, financial burdens, and reputational damage.

This is especially true in Tennessee, which has become one of the leading states for ADA-related lawsuits. With 134 cases filed in 2023 and another 40 already reported midway through 2024, the state consistently ranks in the top 10 nationwide. Avoiding these lawsuits starts with increasing your awareness and taking proactive steps toward compliance.

What Is ADA Compliance and Why Does It Matter?

The ADA is a federal law designed to protect the rights of individuals with disabilities and ensure they have equal access to public spaces. For commercial landlords, this means making sure your properties meet specific accessibility standards, including:

• Parking Areas 

Ensure accessible parking spaces are available and properly marked. These spaces should provide adequate room for wheelchair users to enter and exit vehicles.

• Doors and Entrances 

All doors should be wide enough to accommodate wheelchair access and easy to open. Some entrances may require ramps or automatic door openers.

• Common Areas and Aisles 

Hallways, aisles, and other walkways should be sufficiently wide and free of obstructions. This guarantees safe and easy navigation for all tenants and visitors.

Challenges Commercial Landlords Face

While the intent of the ADA is straightforward, achieving full compliance can be challenging. Here are a few of the common hurdles commercial landlords face:

1. Uncertainty About Requirements 

Many landlords struggle to interpret the specific details of ADA compliance standards. For instance, how wide should aisles be? What slope is acceptable for ramps? Without guidance, it’s easy to make costly mistakes.

2. Cost of Upgrades 

Renovations, such as installing ramps or replacing doors, can be expensive. For landlords operating on tight budgets, balancing ADA compliance with other property costs is a challenge.

3. Frequent Lawsuits 

Tennessee has seen a significant uptick in ADA-related lawsuits targeting businesses. These claims often allege that properties fail to meet certain accessibility requirements, putting landlords in a difficult position, especially in highly litigious areas.

4. Reactive vs. Proactive Approach 

Some landlords only address compliance after receiving a warning, complaint, or lawsuit. Waiting to act not only increases costs but also damages tenant relationships and overall trust.

How Commercial Landlords Can Address ADA Compliance Effectively

1. Conduct an Accessibility Audit 

Hire a certified ADA inspector to assess your property. An audit will identify areas where your buildings fail to meet ADA standards and provide a roadmap for fixes.

2. Prioritize High-Impact Changes 

While full compliance is the goal, start with areas that affect day-to-day accessibility the most. Parking spaces, entrances, and bathrooms are common starting points.

3. Invest in Ongoing Education 

Stay informed about federal, state, and local accessibility laws. ADA guidelines evolve, and it’s essential to understand how changes affect your properties.

4. Budget for Accessibility Upgrades 

Allocate a portion of your annual property maintenance budget to ADA improvements. Spreading costs out over time can make upgrades more manageable.

5. Engage Expert Assistance 

Work with lawyers or ADA compliance consultants to ensure you’re meeting all standards. Their expertise can help you avoid potential legal pitfalls.

Why ADA Compliance Is a Win-Win

Not only does ADA compliance protect you from lawsuits, but it also enhances the value of your property. Tenants and customers are more likely to interact with businesses that actively create accessible, welcoming environments. Compliance also signals a commitment to inclusivity, which can strengthen your reputation in the community.

Under ADA, there is no excuse for non-compliance. Owners often confuse being in compliance with Codes meaning they are ADA compliant. The two are not the same, and you can be in compliance with Codes and not in compliance with ADA.

Especially in states like Tennessee with a high number of ADA lawsuits, being proactive is critical. By understanding your responsibilities and addressing accessibility concerns head-on, you can avoid legal troubles, reduce expenses in the long run, and foster goodwill among tenants and visitors.

If you’re unsure where to start, consider partnering with ADA compliance experts or consultants who can guide you every step of the way. It’s never too late to create spaces that work for everyone.

Why Does ADA Compliance Matter? 

For residential landlords, creating an accessible and fair living environment isn’t just a legal obligation—it’s good business. Ignoring accessibility and equity standards can result in lawsuits, hefty fines, or reputational damage. Beyond the risks, prioritizing ADA compliance allows landlords to open their doors to a wider pool of tenants, creating a positive and inclusive living experience for all. 

Challenges Residential Landlords Face 

1. Reasonable Accommodations for Tenants with Disabilities 

Ensuring housing is adaptable to the needs of disabled tenants can be a gray area for landlords. Examples of reasonable accommodations might include building wheelchair ramps, installing visual fire alarms for tenants with hearing impairments, or allowing service animals in no-pet properties. 

However, the law often comes with boundaries, such as landlords not being financially responsible for structural modifications in certain situations. Understanding where your responsibilities begin and end is essential to compliance. 

2. Equitable Treatment of Applicants and Tenants 

The application process can unintentionally exclude or disadvantage disabled individuals. Examples include application processes that require in-person meetings without providing alternatives (such as online applications) or rejecting disabled applicants out of fear an accommodation request might be difficult or expensive. 

Ensuring that all applicants and tenants are treated fairly and equitably—both during their application process and tenancy—is key to operating within ADA guidelines and avoiding discrimination claims. 

Top Tips for ADA Compliance 

1. Familiarize Yourself with Legal Requirements 

Though the ADA is primarily focused on public and commercial spaces, residential landlords have overlapping responsibilities under the Fair Housing Act. The FHA prohibits housing discrimination based on disability and requires landlords to permit reasonable accommodations and modifications. 

Examples of reasonable accommodations include:

• Reserving accessible parking spaces for tenants who are disabled.
• Allowing a tenant to install grab bars in a bathroom. 
• Adding a wheelchair-accessible ramp to entryways in common building areas. 

2. Ensure Accessibility in Common Areas 

For multifamily properties, areas such as hallways, lobbies, laundry rooms, and parking lots must be accessible to tenants with disabilities. These areas should be easy to enter, maneuver in, and use for individuals with mobility challenges or other disabilities. 

3. Have Clear Policies and Documentation 

Create a written policy about reasonable accommodations to ensure consistency and transparency in addressing tenant needs. Your policy should clarify:

• What is considered a reasonable accommodation or modification. 
• How tenants can formally request accommodations. 
• The timeline and process you’ll follow when reviewing requests. 

4. Stay Proactive with Property Modifications 

Instead of waiting for tenants to request changes, consider proactively making your properties more accessible. Adding ramps, widening doorways, and using lever-style door handles are not only thoughtful but can help attract more tenants. 

5. Keep Up with ADA and FHA Training 

Stay informed about ADA and FHA compliance by investing in periodic training or consulting with legal professionals who specialize in housing law. This helps you stay updated on evolving regulations and ensures proactive compliance. 

Striking the Right Balance 

ADA compliance in residential real estate often requires landlords to walk a fine line between fulfilling legal obligations and balancing financial considerations. While landlords are not obligated to endure “undue financial burden” when undertaking accessibility improvements, many modifications and accommodations are often affordable when scoped properly. Strive for an approach that emphasizes fairness, understanding, and professionalism. 

The Key Takeaway 

ADA compliance goes beyond minimizing legal risks. It’s about ensuring equitable treatment for all applicants and tenants, creating accessible spaces, and fostering an inclusive culture in your rental properties. 

If you’re unsure where to begin, start by reviewing your current policies, educating yourself on accessibility guidelines, and consulting with housing law experts. Accessibility is not just a legal duty—it’s an opportunity to make your properties stand out while contributing to a fairer and more inclusive rental market