NAA/NMHC Following Proposed ADA Legislation.

NAA/NMHC are closely following legislation pending in Congress that would create a new waiting period for property owners and other potential defendants to correct violations of the Americans with Disabilities Act (ADA). Unlike the Fair Housing Act, the ADA imposes federal accessibility requirements on apartment properties regardless of the year of construction, but affects only the public-use areas of those properties, such as leasing offices and recreation facilities open to the public at large. The ADA Notification Act (S. 782 and H.R. 914) would create a 90-day period in which a potential plaintiff would have to notify a potential defendant about an alleged ADA violation. The defendant would have to be given an opportunity to correct the apparent violation before the plaintiff could bring a suit. On June 6, NAA/NMHC drafted a letter signed by a coalition of real estate providers and calling on members of the House and Senate to cosponsor the bill. Under the proposed ADA Notification Act, plaintiffs not giving prior notice before bringing suit would be subject to sanctions by the court.

Information compiled by NAA/ NMHC Joint Legislative Staff: Senior Vice President Clarine Nardi Riddle; Vice President of Tax Jim Arbury; Vice President Finance and Technology David Cardwell; Vice President of Communications Kim Duty; Vice President of Property Management Jay Harris; Vice President of Environment Eileen Lee; Vice President of Building Codes Ron Nickson; and Mark Obrinsky, Chief Economist and Vice President of Research.