ADA FHA General
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FHA liability for subsequent purchasers – what’s next?
Until 2011 it was clear that a person who purchased an existing multi-family development or apartment complex and was not affiliated with the original owner did not have the kind of liability that would require making every unit accessible. “Design/build” liability of that kind was reserved to the original owner of the project based on… Continue reading
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Are you saying these guys couldn’t deal with a 1:15 slope? Just what is an “architectural barrier” under the ADA
Just a few weeks ago I wrote about what seems to be a pervasive though obvious problem with the analysis of standing for ADA accessibility plaintiffs. (“Oops! – Can a plaintiff suffer an ADA injury if he gets exactly what he wants?” Oct. 4, 2013). The 11th Circuit apparently overlooked my critique when it decided Houston… Continue reading
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ADA Webinar, Nov. 13 at noon EST
I’ll be presenting a webinar for the National Retail Tenants Association on November 13, 2013 at noon EST. I’ll be covering ADA matters of interest to retail tenants. There’s more information at http://www.retailtenants.org if you click on the webinar tab. Continue reading
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Oops! – Can a plaintiff suffer an ADA injury if he gets exactly what he wants?
Suppose a wheelchair bound individual interested in accessibility issues becomes a Registered Accessibility Specialist (“RAS”) in Texas or a Certified Accessibility Specialist (“CASp”) in California. She sets up a consulting business, and her first client hires her to do an accessibility survey of a hotel. She finds numerous barriers to access, prepares her report, and… Continue reading
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Fido frenzy – dealing with the service dog litigation explosion
With widespread media coverage of disputes about service dogs in bars and restaurants disability advocates, real and self proclaimed, are predicting an explosion of litigation about service dogs under the Americans with Disabilities Act. There has been no change in the statute itself, and the Department of Justice regulations for service dogs went into effect… Continue reading
