Accessible Facilities + Services (ADA Titles II and III)

We have defended and resolved hundreds of accessibility investigations, audits, claims, and litigation initiated by the Department of Justice and Department of Housing and Urban Development, state agencies and private litigants, regarding every type of accessibility matter, and in jurisdictions nationwide. Our practice also includes assisting with routine and non-compliance matters with state and local agencies, as well as federal contractor compliance, including reports, inspections, audits, plan reviews and waiver or exception requests. 

For transactions, our accessibility lawyers evaluate and identify accessibility issues and solutions within assets under consideration for purchase or sale as part of the due diligence process, assets reviewed for accessibility compliance by lenders, assist with assigning values to the accessibility issues or solutions noted, and negotiate with lenders or inspectors or counterparties regarding solutions, exceptions, or relevant values, to the accessibility issues at play. We also help clients with contractual assignment of responsibility for any accessibility issues that may arise in leases, purchase and sale agreements, or vendor agreements, among others.

Most importantly, we know how to identify and prevent accessibility issues or claims and satisfy the needs of residents, guests, users, and customers with practical advice for designing or modifying buildings, facilities, websites, policies, or services to satisfy the relevant accessibility regulations and standards, including the Fair Housing safe harbors, ADA’s Standards for Accessible Design and WCAG for websites. Troutman Pepper Locke lawyers have experience applying the accessibility codes to any new and proposed construction/websites/policies, and when applicable, we assess and apply the “readily achievable” standard to facilities constructed before the enactment of the ADA.

We also have assisted many businesses with accessibility-related employee and contractor training for practices, policies, design, and construction, as well as responding to and negotiating with accessibility experts, accessibility inspectors, or government agency representatives.