Joshua S. Bauchner, Partner in the Landlord-Tenant and Litigation Practice Groups at Mandelbaum Barrett PC, recently joined the Commercial Real Estate Pro Network podcast channel with J. Darrin Gross to discuss a growing concern for property owners and developers: ADA compliance and the rise of accessibility lawsuits.
The Growing Trend of ADA Lawsuits
Bauchner explained that lawsuits under the Americans with Disabilities Act (ADA) have become increasingly common in the commercial real estate sector. He noted that many property owners are caught off guard by claims that allege noncompliance, often over details that seem minor but carry real legal risk. These lawsuits frequently target architectural and design issues—for example, ramp angles, door widths, parking configurations, or restroom layouts—that may not meet accessibility standards.
Why These Claims Are on the Rise
Even well-intentioned property owners can face challenges if their buildings were constructed before current standards or if updates were made without full consideration of ADA requirements. He emphasized the need for owners to stay informed and proactive, since compliance is not a one-time event but an ongoing responsibility.
The Biggest Risk for Property Owners
When asked about the biggest risk in commercial real estate today, Bauchner pointed to ADA noncompliance as one of the most pressing and overlooked threats facing property owners. Many landlords assume their buildings are compliant simply because they have been in operation for years or passed prior inspections. However, evolving standards and continuous updates to accessibility guidelines mean that even longstanding properties may now fall short.
Bauchner cautioned that lawsuits can arise quickly and often without warning, leaving owners scrambling to respond. A single accessibility issue, such as an improperly graded ramp or restroom fixture positioned just inches off from regulation, can result in a formal complaint or demand letter. A landlord can be fully supportive of accessibility yet still face liability if their property fails to meet the technical specifications. These claims can lead to costly settlements, legal fees, and mandated modifications, which are often far more expensive than addressing compliance proactively.
Staying Ahead of Liability
Property owners, developers, and managers are encouraged to take a proactive approach: conduct accessibility assessments, engage professionals familiar with ADA standards, and review potential issues before they lead to litigation. Addressing compliance early not only reduces legal exposure but also supports accessibility and inclusion in the built environment.
Watch the full interview here, and learn about the biggest risks real estate investors face here.
For more information, contact Joshua S. Bauchner at jbauchner@mblawfirm.com or at 646-369-0250.
To learn more about ADA compliance, see the following articles below:
- ADA Lawsuits for Real Estate Investors: Understanding Nuisance Claims & How to Protect Your Assets
- ADA Lawsuits Are Aggressively Targeting Landlords and Small Business Owners
- Defending Against ADA Claims: A Legal Win for Business Owners
- New York Law Journal: Adapting to the Shifting Landscape of Non-Compete Agreements
- Joshua S. Bauchner Triumphs in ADA Case, Protecting Property Owners from Nuisance Lawsuits
- Strategic ADA Compliance: Safeguarding Your Business Against Litigation
- New York Real Estate Journal: Protecting Properties and Businesses from ADA Litigation