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cost of the change and whether it is financially feasible for the owner. In principle, what may be easy and financially feasible for 150-unit property may not be as simple or financially feasible for a 4-unit building. But in practicality, there are a few nuances to consider when it comes to architectural barriers and Title lll as a whole.
First, any area in a property that is open to the public and not just residents must be compliant with Title III.2 For example, if a 150-unit property with guest parking, leasing office, common area rented for local community meetings would need to meet the readily achievable parking and accessibility requirements under the ADA. But a 4-unit property with parking that is only available for the building’s residents, would not be required to meet parking requirements under the ADA. Of course, not every situation is this black and white, but this at least gives an owner an idea of how to view common areas at a property and what potential ADA compliance risks might exist.
Second, Title lll gives tenants the ability to request accommodations or modification and not be retaliated against per Title V of the ADA. Accommodations may include both alterations to the property and service animals. When it comes
to alterations or modification to a unit or common area, the resident can make a reasonable request to the owner and the owner should try to work with the resident as much as is reasonably possible.
The good news for the owner is that the resident is responsible to pay for the alteration and modification. An accommodation would be a request to change the house rules or lease to meet the needs of the resident. Case in point, a request for a service
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Brian LeBow
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brian@bpmgt.la
Bell Properties, Inc.
440 E. Huntington Dr., Suite 300 Arcadia, CA 91006
(323) 693-7776 www.bpmgt.la
DRE 02089053
AMM1/6 APARTMENT MANAGEMENT MAGAZINE - SEPTEMBER 2021 19