Apartments And The ADA Law And Apartment Advertising
Older apartment buildings are now being hit by ADA lawsuits, most of which, in our view are bogus and frivolous. Many of these lawsuits claim that older apartments must be compliant with the ADA laws when they do not. Many of these lawsuits also claim the owner’s advertise on apartment rental websites that state, or imply, their apartments have ADA amenities or are ADA compliant. Often ads are placed on Craigslist then republished on other websites without the owners’ knowledge or approval. We know how to deal with these lawsuits, including the bogus ones.
Both older and newer apartment properties are also being targeted for failure to make reasonable accommodation and also for failure to engage in reasonable discussions concerning reasonable accommodation. Both are claimed to be violations of the Fair Housing Act and similar state statutes.
We have seen ADA cases filed by multiple litigants: UNITED AFRICAN-ASIAN ABILITIES CLUB and 011 UAAAC MEMBER. Their attorney in the cases was David C. Wakefield, whose office is in San Diego, California. As noted above, our clients are owners of apartment buildings who often see these cases have no merit. These lawsuits, also known as complaints are often filed in federal U.S. District Court, and often allege: causes of action charging discrimination in violation of Fair Housing Amendments Act of 1988, 42 U.S.C. 3404, Et. Seq; Government Code 12925.
American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as “ANSI A117.1” and Title 24 of the California Building Code, and violations of the California Unruh Civil Rights Act.
We know these laws, and we know when a lawsuit is bogus. We are here to help. Give us a call.