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Second Circuit Clarifies ADA Obligations
What building modifications trigger an obligation to comply with the accessibility requirements of the Americans with Disabilities Act (ADA)? The Second Circuit addressed that question in Roberts v. Royal Atlantic Corp., NYLJ 9/24/08, p.26, col. 1, and reached a number of important conclusions. First, the court held that in an action to enforce ADA accessibility requirements, the defendant bears the burden of proving that a modification is not an “alteration” within the meaning of the statute. Second, once a modification is treated as an alteration, the defendant bears the burden of proving that accessibility would not be technically feasible; high cost is not a defense. Finally, the court concluded that the ownership structure of a co-operative complex did not excuse the co-op from an obligation to make some number of units accessible.
The Roberts Case
The Royal Atlantic resort consists of 137 apartment units located in an 11-building complex in Montauk. Each unit has a bathroom and a small kitchen. Although the buildings all have two stories, none has an elevator. There are ramps leading from the parking lots to the buildings, but the ramps are too narrow to accommodate wheelchairs and are not ADA-compliant. The resort is organized as two distinct residential co-operative corporations. Although the two corporations own the buildings, they are bound by proprietary leases to shareholders, many of who rent out their units to members of the general public during the summer.
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