Question about ADA (no one seems to be doing it?)

Member since 2024 · 34 posts · 20 votes

Hey all!

I recently bought a commercial condo (retail) and have been going through hoops with the seller (developer) to make changes to make the space ADA compliant. Putting in a ramp, adding grab bars in bathroom, raising the sink height, etc.

However, as I walk down the street in my city, I see tons of retail businesses that definitely do not comply. Stairs are the only way to get in, no grab rails in the bathroom, ramps that are too steep, etc.

From what I've read, all commercial businesses/buildings (including ones before the ADA was passed) have to comply with the rules, unless it would be outrageously tough to fix (like installing an elevator in an already built building).

Are all these local business just not complying and taking the risk, or am I missing something? The fines are huge.

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Chris SeveneyBusiness Member

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Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes

Quote from @David Switzer:

One of two reasons most likely:

1. They are grandfathered in, the property was built prior to those standards. If this is the case then typically you only have to comply when you make alterations.

2. They cannot comply. For example I am near old town alexandria and the businesses are 200 year old row homes and there is no place to put ramps to get in establishments and door openings are not wide enough, but that is because they also could never comply.

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Chris MasonPro Member
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Lender · CA · Member since 2015 · 9k+ posts · 10k+ votes
1y
My understanding is that the ballpark standard of "unless it would be outrageously tough" (something along those lines) is what applies if you're doing a rehab, seeking new permits, doing structural changes anyways, and things of that nature.

For existing pre-ADA structures, my understanding is that the standard is more along the lines of "if it can be easily/cheaply done, you have to do it." So the places we all encounter that don't even have a wheelchair ramp at the entrance (at the appropriate incline, etc), even though it would be relatively easy to put in, aren't compliant (envision a storefront set back 10 feet from the sidewalk). But the places we all encounter that could only have a wheelchair ramp put in that intrudes into the public sidewalk (which neither the landlord nor the tenant owns, and now the sidewalk may not be sufficiently wide or accessible for a wheelchair), or that would require tearing down the storefront's façade (envision a storefront right up against the sidewalk), are grandfathered in.

Not an ADA expert, certainly not a lawyer.
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David Switzer
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Member since 2024 · 34 posts · 20 votes
1y
Hey Chris - thanks so much for the thoughtful response! It does seem to use a little bit of vague language I guess when it comes to "can it be easily/cheaply done".

Would you think a store that had a small step at the front would be compliant if they had a small metal portable ramp they could lay down over the stairs in case someone in a wheelchair were to come?
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Chris SeveneyBusiness Member
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Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
1y
Quote from @David Switzer:

Hey all!

I recently bought a commercial condo (retail) and have been going through hoops with the seller (developer) to make changes to make the space ADA compliant. Putting in a ramp, adding grab bars in bathroom, raising the sink height, etc.

However, as I walk down the street in my city, I see tons of retail businesses that definitely do not comply. Stairs are the only way to get in, no grab rails in the bathroom, ramps that are too steep, etc.

From what I've read, all commercial businesses/buildings (including ones before the ADA was passed) have to comply with the rules, unless it would be outrageously tough to fix (like installing an elevator in an already built building).

Are all these local business just not complying and taking the risk, or am I missing something? The fines are huge.

One of two reasons most likely:
1. They are grandfathered in, the property was built prior to those standards. If this is the case then typically you only have to comply when you make alterations.
2. They cannot comply. For example I am near old town alexandria and the businesses are 200 year old row homes and there is no place to put ramps to get in establishments and door openings are not wide enough, but that is because they also could never comply.
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Russell BrazilBusiness Member
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Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
1y
Title III of the ADA requires the removal of architectural barriers in existing facilities unless it can be shown that removing the barrier is "not readily achievable."

The ADA defines "readily achievable" as “easily accomplishable and able to be carried out without much difficulty or expense.”

Without much difficulty or expense is substantially different for a small mom and pop restaurant than it is for Google or TJ Max. Thats why you see lack of ADA compliance in small businesses.

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Ronald RohdePro Member
Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
1y
Its typically triggered by a third party, so until someone wants to complain, there is no ADA compliance police wandering around giving citations.
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