Yes. Any private entity that “owns, leases, leases to, or operates” a “place of public accommodation” will liable under Title III of the ADA. (28 CFR §36.104). This means that generally both the landlord and tenant are liable to a disabled individual if the disabled person is denied access to a business. (ADA Title III Technical Assistance Manual III-1.2000).
Although the tenant and landlord may decide between themselves who is responsible for ensuring that the property is accessible to disabled persons, both are generally liable in relation to the disabled person. Therefore, from the perspective of a disabled person it does not matter who is technically responsible for ensuring that the property is accessible. Rather, all that matters is whether the property is, or is not, accessible.
One exception to this general rule, however, is that tenants are not responsible for ADA violations “…that occur in the areas exclusively under the control of the landlord.” (Kohler v. Bed Bath & Beyond of Cal. LLC, 780 F.3d 1260 (9th Cir. 2015)). A good example where a tenant would not be liable would be a situation in which a tenant rented a store front property in a shopping mall. The tenant would not be responsible for the parking lot if the tenant did not have any control over the parking lot. However, the tenant would still be responsible for the condition of the interior of the tenant’s store itself.
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(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.
These blogposts shall not be constituted as legal advice and are for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. In addition, these blogposts are not updated, or edited, after the date of their initial post, and as such, the information contained within them may be outdated. Consult with your own personal attorney for more information on the subject matters.