What are the ADA requirements?

The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against a person with disabilities by a public entity and private businesses. The law covers most aspects of everyday life, including employment, access to government programs, services and activities, medical care, education, transportation, and business activities. 

The ADA was enacted in 1990 and became effective for most public entities and private businesses in 1992. The law requires changes to be made by both government entities and private businesses to accommodate the needs of individuals with disabilities in order to provide full and equal access to persons with a disability. Removal of physical barriers, maintaining accessible features, providing effective communication, and adopting or modifying policies and practices to assure equal access are all required under the ADA. 

In addition to the law itself, regulations, access guidelines, and standards have been adjusted to implement the disabled access requirements of the ADA. The guidelines and standards contain the numerous specific requirements that must be met to provide access.

Many resources are available to help businesses and other organizations comply with the ADA. These resources include publications, online tools, and training courses. The ADA also establishes specific requirements for businesses that sell goods or services to the public. For example, businesses must ensure that their business premises, as well as their products and services are accessible to people with disabilities.

The ADA has had a positive impact on the lives of individuals with disabilities. It has helped to ensure that people with disabilities have equal access to employment, education, and other opportunities. The ADA has also helped to increase awareness of the rights of people with disabilities and the importance of accommodating their needs.

Where do I find ADA standards and requirements?

The Department of Justice is responsible for issuing regulations under Titles II and III of the Americans with Disabilities Act that explains the rights afforded to individuals with disabilities as well as the obligations of government entities and private businesses.

• For more information about the ADA generally, check out Introduction to the Americans with Disabilities Act.
• For more information about Title II of the ADA, see State and Local Governments.
• For more information about Title III of the ADA, see Businesses That Are Open to the Public.

DOJ’s current ADA regulations:

• Title II (State and Local Governments)
• Title III (Public Accommodations and Commercial Facilities)

In the Spring 2022 Unified Agenda, DOJ announced that it plans to issue new ADA regulations on the following topics:

• Medical Diagnostic Equipment (Titles II and III)
• Website Accessibility (Title II)
• The Public Right-of-Way (Title II)
• Equipment and Furniture (Titles II and III)

How do I understand ADA requirements on my property?

The ADA requirements can be complicated for property owners and managers to understand their responsibilities with the help of an experienced professional.  We highly recommend seeking professional help, by hiring a Certified Access Specialist (CASp), to assess your property and explain what ADA Standards may apply.

One of our expert advisors will be happy to help you understand the ADA requirements for your property during a free consultation. Contact us today to schedule yours.

How do I know if my property is ADA Compliant?

There is no easy answer or pass/fail test for ADA compliance. Many factors must be considered, such as the type of property, its purpose, and the people who will use it.

The best way to ensure your property is compliant is to have it assessed by a Certified Access Specialist (CASp) who is knowledgeable about the ADA standards. We can help you identify which requirements apply to your property and what needs to be done to meet them. A CASp report can also demonstrate compliance to potential tenants or buyers. Annual tax incentives are available to help with the cost of completing ADA upgrades. 

Compliance details, even in  CASp reports, can be challenging to understand; our team’s years of experience affords us the ability to translate these requirements into language that you can understand. Contact us to learn how we can help.