ADA - And we ain't talking dentists...

This post is meatier and juicier than many of my others (perhaps I am thinking about that turkey to come in the next few days – Happy Thanksgiving BTW from someone who well knows the blessings in her life).  Hang with me here, as many of you will be surprised, particularly as to the third issue below (c’mon – read the first two, too).

It is not unusual for me to be asked questions about the Americans with Disabilities Act, or to hear folks in the multifamily housing industry refer to the ADA when they really mean the FHA – Fair Housing Act.  Yet these two significant pieces of federal legislation are vastly different.  The irony is that where you might think the ADA would apply at apartment communities, it doesn’t; but where you might not think of it at all, there it is.  So here are 3 tidbits for you (the end result likely being that either I will have clarified for you or confused you more):

1. You do not have “ADA accessible” apartments (there is no such thing!) nor is it likely your pool “must comply with ADA”.  This is because the ADA is for places of public accommodation and the FHA impacts housing.  [Usually the one and only place of public accommodation at your community will be the leasing office (where the public comes to do business with you – i.e. learn about and possibly apply to rent apartments) and hence (I love using words like “hence”) the leasing office must be ADA accessible.]  On the other hand*, depending on the age of your community, you must either allow your residents to make reasonable modifications to your premises (physical changes both inside and outside the apartments) or you should have provided certain accessibility features both as to the common areas and apartments themselves.  But this is all because of the FHA. 
2. “Only dogs are service animals” is something else I am hearing because beginning on March 15, 2011, only dogs are recognized as service animals under the ADA and each such dog must be individually trained to do work or perform tasks for a person with a disability.  So yes, there is a limitation on service animals in public places, but that has nothing to do with the rights of your residents to have service animals (working animals and companion animals) at your communities.  I repeat: The ADA is for places of public accommodation and the FHA impacts housing.
3. But now the twist!  The ADA applies to public accommodations; your leasing office is a public accommodation; websites that parallel a “brick and mortar” space (think a big box store – you can shop online or at their locations) must be accessible.  What!  Websites must be accessible?  Yep, if they are an alternative way for the public to “do business”.  And you need to know that the DOJ enforces the ADA with regard to website accessibility.  Any “place” that offers housing for rent is a “public accommodation” that must be accessible, including a website.  People who cannot see computer monitors may use screen readers to “speak” the text.  People who have difficulty using a mouse because of physical impairment can use voice recognition software for verbal commands. Examples of barriers to people with disabilities that could be an issue with your community’s website are:

•         Photographs without identifying text

•         Navigation links without a “skip” feature

•         Unclear description of a text link (i.e., “click here”)

•         Use of pdf exclusively

•         No telephone or email contact information

       While I only make suggestions to you (and I certainly do not give you legal advice), I would suggest that you may wish to begin a plan to integrate some accessibility features into your website; check out the “Web Content Accessibility Guidelines” - www.w3c.org/WAI/Resources

There we go!

* Lawyer joke:  Why might a one-handed person not be a lawyer?  Because how would she say “on the other hand”?