News & Analysis as of

Americans with Disabilities Act (ADA) Property Owners

Whitman Legal Solutions, LLC

Navigating Pet Fees, Rent, and Restrictions

Owners Survey, about 70% of U.S. households own pets, up from 67% in the 2019-20 survey. As pet ownership increases, apartment dwellers may face the challenges of finding pet-friendly housing. Apartment leases often come...more

Lowndes

Property Owner Considerations Around Electric Vehicle Bans

Lowndes on

The Canadian Broadcasting Corp. recently reported that Oberon Development Corp., a Toronto property management company and apartment project owner, banned the use and storage on its properties of electric vehicles like cars,...more

Whitman Legal Solutions, LLC

Marijuana Use and Fair Housing

This article discusses a recent District of Columbia (DC) case, which pitted a medical marijuana user against a neighbor who complained that marijuana smoke affected quiet enjoyment of her home....more

Winstead PC

[Webinar] HOA Law Live: Fair Housing Act & Americans with Disabilities Act - POA Implications - November 7th, 12:00 pm - 1:00 pm...

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Join us for a live webinar as Winstead attorney Teddy Holtz discusses the Fair Housing Act & ADA POA Implications....more

J.S. Held

Premises Liability & The Building Codes: The Role of Codes in Making Premises Safe

J.S. Held on

According to the Federal Emergency Management Agency (FEMA), “Building codes protect you from a wide range of hazards—whether it is by implementing safe wiring, fire prevention, or stronger structural integrity. When a...more

Seyfarth Shaw LLP

Federal ADA Title III Lawsuit Numbers Drop 15% for the First Half of 2020 But a Strong Rebound Is Likely

Seyfarth Shaw LLP on

Seyfarth synopsis: Businesses enjoyed a brief reprieve in ADA Title III lawsuits while the country was shut down but the rest of the year will most likely be business as usual....more

Best Best & Krieger LLP

New Disability Access Informational Notices Required in California - AB 3002 Took Effect Jan. 1

Cities and counties in California are now required to provide informational notices related to disability access requirements. ...more

Seyfarth Shaw LLP

Ohio Governor Signs Bill Requiring Plaintiffs To Provide Pre-Suit Notice For Physical Access Violations

Seyfarth Shaw LLP on

Seyfarth Synopsis: A new Ohio law will require notice and opportunity to cure as a prerequisite for a plaintiff’s recovery of attorney’s fees in physical accessibility lawsuits. ...more

Chambliss, Bahner & Stophel, P.C.

Lawsuit Alleges Assisted Living Facilities Discriminate Against Wheelchair Users

A lawsuit in New York state highlights an issue with some assisted living facilities: No wheelchairs allowed. The lawsuit claims that state regulations and facility policies discriminate against residents and potential...more

FordHarrison

Does Your Business Comply with the ADA's Accessibility Requirements?

FordHarrison on

Title III of the Americans with Disabilities Act (ADA) requires businesses that provide goods and services to the public to remove architectural barriers and ensure their facilities are accessible to individuals with...more

Akerman LLP - HR Defense

One Visit and Vague Plans to Return Not Sufficient to Allow ADA Access Claim

Businesses might see a ray of hope in a recent federal appellate court decision that rejected the ability of a wheelchair-bound patron and “tester” to pursue her claim against a property owner and shop in Cocoa Beach,...more

Seyfarth Shaw LLP

Service Animals Vs. Emotional Support Animals: Ferreting Out The Truth

Seyfarth Shaw LLP on

Seyfarth Synopsis: Is it a service animal or an emotional support animal? Do I have to allow both? How to tell one from the other, and the rules that apply....more

FordHarrison

"Drive-by" Lawsuits under the Americans with Disabilities Act Continue to Rise

FordHarrison on

“Drive-by” lawsuits under the Americans with Disabilities Act (ADA) are more prevalent than ever and continue to rise. ...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Stinson LLP

Congress Considers Changes to Americans with Disabilities Act to Prevent Serial Lawsuits

Stinson LLP on

Lawsuits against businesses alleging minor violations of the Americans with Disabilities Act (ADA), often filed in bulk by a small cadre of attorneys on behalf of the same plaintiffs, are on the rise both nationally and in...more

Jackson Lewis P.C.

House Bill Would Limit Drive-By Lawsuits By Amending Title III Of Americans With Disabilities Act

Jackson Lewis P.C. on

The House of Representatives has passed the “ADA Education and Reform Act” (HR 620) with an 85-percent vote in favor of passage (including 12 Democrats). Prior to filing a lawsuit under Title III of the Americans with...more

Seyfarth Shaw LLP

House Passes Bill To Amend Title III Of The ADA In Attempt To Curb Drive-By Lawsuits

Seyfarth Shaw LLP on

Seyfarth Synopsis: HR 620 requires potential plaintiffs to provide businesses with notice of architectural barriers and give them an opportunity to remove them before filing suit. ...more

Akerman LLP - HR Defense

Disabled Access: A Chance to Fix Your Premises Before Being Sued?

Akerman LLP - HR Defense on

New legislation seeks to level the playing field for businesses that have been targeted by “drive-by” claims alleging discrimination by customers with disabilities who may have never even gone to visit the place of public...more

Jackson Lewis P.C.

New Florida Law Aims To Put Brakes On ADA Barrier-To-Access Lawsuits

Jackson Lewis P.C. on

Responding to the alarming proliferation of lawsuits in Florida alleging that places of public accommodations create barriers to access to disabled patrons, Florida has adopted what appears to be the first law in the country...more

Shutts & Bowen LLP

Property Owners Gaining New Tools To Fight ADA Lawsuits

Shutts & Bowen LLP on

Help may be on the way for property owners sued for alleged violations of Title III of the Americans with Disabilities Act (“ADA”). As covered in a prior post, over the last couple of years, Florida has seen a big...more

Shutts & Bowen LLP

Your property was hit with an ADA lawsuit – now what?

Shutts & Bowen LLP on

Over the last couple of years, Florida has seen a proliferation of lawsuits alleging violations of Title III of the Americans with Disabilities Act (“ADA”). Many of the cases are filed by “serial” filers – plaintiffs that...more

Stinson LLP

Emerging Trends Newsletter - Q4

Stinson LLP on

The Volcker Rule Under the Trump Administration - The so-called Volcker Rule—named after Paul Volcker, a former chairman of the Federal Reserve Board—was part of the Dodd-Frank Wall Street Reform and Consumer Protection...more

Ballard Spahr LLP

Arizona Court Consolidates ADA Lawsuits

Ballard Spahr LLP on

The number of claims under the design and construction requirements of the Americans with Disabilities Act (ADA) continues to increase, but a recent development in Arizona may slow this trend. The Arizona Attorney General has...more

Faegre Drinker Biddle & Reath LLP

Recent Developments in Retrofit Liability of Publicly Accessible Properties

If you own or invest in an older, publicly accessible property that does not comply with new regulations, you may be at risk of substantial liability. Retrofitting older properties to comply with new legal requirements and...more

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