Civil Rights Commercial Real Estate

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Where Minorities Fit In To Miami CRE

MIAMI—What can Miami’s commercial real estate industry do to increase minority participation? And how is CREW-Miami helping through its programs in 2014? We caught up with CREW-Miami’s 2014 president and Bilzin Sumberg...more

Mineral Matters - Winter 2014

Introduction - Welcome to the latest edition of Minerals Matters and a slightly belated Happy New Year to you all. No doubt as you read this the holiday season seems a long time ago, but hopefully you had the oppor...more

Failure to provide an Ounce of ADA Compliance is worth a Pounding by the DOJ - What you can learn from the DOJ's settlement...

The Department of Justice (DOJ) continues to make the hospitality sector a target for enforcement of the Americans with Disabilities Act (ADA). Starwood Hotels and Resorts Worldwide, Inc. and The Phoenician are the latest to...more

Commercial Foreclosures and the Impact of the ADA

A. Statutory Overview When foreclosing on commercial properties, lenders and servicers must assess the liabilities to which they may be exposing themselves under various state and federal laws and regulations. One such...more

ADA Defense lawyer: Pool lift litigation proliferates. Why enterprise-wide compliance is the best solution.

It has been almost a year since the Department of Justice's ADA requirement for fixed or permanent pool lifts in "places of public accommodation" has been in effect. Now a fact (and cost) of doing business in the hospitality...more

Mandatory Disclosures Concerning Accessibility Compliance and Energy Consumption in California Commercial Properties

This article discusses two new disclosures that must be included in certain real estate contracts and leases. The disclosures pertain to Accessibility Compliance and Energy Consumption, and affect the required contents of...more

California Lease Disclosure Requirements Regarding ADA Accessibility Now In Effect

Beginning July 1, 2013, California commercial leases and rental agreements must include a disclosure regarding whether the property being leased has been inspected by a Certified Access Specialist (CASp) and, if a CASp...more

Action Required! New Commercial Lease Disclosure Concerning Disability Access Legal Requirements (California Civil Code Section...

This year, July 1 marks more than just the halfway point of the year. Effective July 1, commercial and nonresidential property owners in California have additional disclosure requirements to contend with courtesy of...more

New Commercial Lease Requirement for Disability Access Inspection Disclosure

Commercial lease agreements executed on or after July 1, 2013 must include a provision disclosing whether the premises has been inspected by a Certified Access Specialist and, if so, whether the property has been determined...more

Court Stops Serial Plaintiff's Latest Effort: Payne v. Chapel Hill North Properties

The United States District Court for the Middle District of North Carolina recently dismissed an Americans with Disabilities Act (“ADA”) case filed by Denise Payne, a Florida resident, and National Alliance for Accessibility,...more

Five New ADA Pool Lift Lawsuits Filed

Five new lawsuits were recently filed against hotels under the recently-effective pool lift regulation....more

Fourth Circuit On LLC Law And Fried Chicken And Waffles

The Fourth Circuit doesn't get into matters of LLC law very often, but it did last week in Painter's Mill Grille, LLC v. Brown. The LLC and its members were suing their landlord for discriminating against them on the basis of...more

SWIMMING UPSTREAM – Americans With Disabilities Act (ADA) Requirements For Swimming Pools

As of January 31, 2013, all existing pools located at “public accommodations” must meet ADA standards. This requires the installation of a fixed lift for the pool areas. This short article attempts to answer some of the...more

Two More ADA Pool Lift Lawsuits Filed—More Are Certainly on the Way

Just saw two new lawsuits filed against hotels under the recently-effective pool lift regulation. Both lawsuits were filed on May 20—one in federal court in Minneapolis against a national hotel chain and the second, a...more

SB 1186 Update: California Legislature Attempts to Promote Compliance with Accessibility Standards and to Curtail Vexatious...

In September 2012, the California State Legislature enacted SB 1186 in an effort to cut back on opportunistic litigation and encourage compliance with disability access laws. The new law imposes additional notice, procedural...more

New California Landlord Disclosure Requirements Effective July 1

Two new landlord disclosure requirements become effective in California on July 1, 2013. One requires that all new commercial leases state whether the property has been inspected for disability access—and if so, the results....more

New Accessibility Disclosure in Commercial Leases

As of July 1, 2013, California Civil Code §1938 will require all commercial leases to state whether the premises have been inspected by a “Certified Access Specialist” (“CASp”) and, if so, whether the premises has or has not...more

New Commercial Property Disclosure Requirements

A recent statute and set of regulations will shortly begin to impose new disclosure requirements on commercial landlords, property sellers, and borrowers in California for leases, purchases, and financings entered into on or...more

Be Prepared: New Commercial Lease Disclosure Requirements Under California Disability Access Laws Take Effect July 1, 2013

In the fall of 2012, California Governor Jerry Brown signed Senate Bill 1186 (SB 1186). Among other things, SB 1186 reforms California’s disability access laws by: (1) banning pre-lawsuit letters from lawyers demanding money;...more

Identical Lawsuits Filed Against Eight Hotels Under Recent Pool Lift Regulation

The first eight reported lawsuits have been filed against eight different hotels over their alleged failure to install pool lifts for the disabled. It didn’t take long. The lawsuits rely on the Department of Justice’s (DOJ)...more

New Accessibility Disclosure Requirements for Commercial Landlords in 2013

The California legislature and the San Francisco Board of Supervisors recently enacted separate laws imposing on landlords disclosure requirements relating to accessibility on commercial properties. In addition, the San...more

Legal Update: New Legally Required Disclosures

Starting July 1, 2013, you will be legally required to make the following additional disclosures in certain California real estate contracts and leases: Accessibility Compliance Disclosure: California Civil...more

First ADA ATM Accessibility Class Action Lawsuit Is Filed in Atlanta

The first of what is likely to be many Americans with Disabilities Act (ADA) ATM accessibility class action lawsuits against Atlanta-area banks was filed in federal district court in Atlanta last week. The lawsuit was filed...more

ADA Pool And Spa Accessibility Compliance Deadline Is Rapidly Approaching

The current compliance date for making swimming pools and spas ADA accessible is January 31, 2013, although the deadline could be further extended by the U.S. Department of Justice. (DOJ has extended the compliance deadline...more

The Accessibility for Ontarians with Disabilities Act

The Accessibility for Ontarians with Disabilities Act, 2005 (the "Act") was enacted in 2005. The Act recognizes "the history of discrimination against persons with disabilities in Ontario" and has, as its primary purpose,...more

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