If you have not checked your facility for ADA Compliance, a “professional” plaintiff may do it for you.
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President George W. Bush, New Freedom Initiative, February 1, 2001
The owner bears sole responsibility for building entry, accessible parking areas and public building or common areas, not leased by tenants. Even if the tenant is responsible for maintaining and repairing a property, the owner may still be held liable for noncompliance.
Tenants are not liable for violations in areas that are not under their exclusive control, such as common areas. There may be sole responsibility for ADA compliance for commercial buildings in some situations, while responsibility will be shared with the property owner in other situations.
A landlord may not shift liability for ADA compliance to his tenants. Both landlord & tenant are legally responsible for ADA compliance. The lease can determine who is responsible for actually making the changes & removing barriers..
Although property managers may not have direct liability for ADA compliance, their actions, as agents of the landlord, can have significant consequences. Acts and omissions of property managers can have far-reaching ramifications for landlords.