For a place of public accommodation, ADA Title III can apply to both the owner or lessor and the tenant operating the business. The lease may allocate responsibilities between them, but that contract does not automatically eliminate obligations to the public. [1] [2]
Identify the facility and duty
New construction, alterations, readily achievable barrier removal in existing facilities, and operational accommodations have different standards. A residential apartment’s Fair Housing Act duties are not interchangeable with Title III duties for a shop, restaurant, or other covered business.
Read the lease without treating it as a statutory waiver
Check common areas, entrances, parking, tenant improvements, maintenance, approval rights, reimbursement, indemnity, and notice provisions. The parties can allocate performance and cost, but a customer or enforcement agency is not necessarily bound by that allocation. [2]
For example, a tenant may owe the landlord reimbursement under the lease while both still need to address a legally required accessible entrance. The private payment dispute and the access duty are different issues.
Use a coordinated compliance plan
Identify the barrier, governing standard, proposed correction, responsible contractor, approvals, funding, and completion date. Document communication rather than assuming the other party’s silence means acceptance.
A generic statement that the landlord handles “structure” and the tenant handles “operations” may not resolve the specific problem.
The standard can change with the proposed work
Removing a barrier in an existing facility under the readily-achievable standard is not identical to designing new construction or performing an alteration. Identify which duty is triggered before arguing only about the lease’s repair clause. A party should not assume every accessibility expense is governed by one universal dollar threshold. [1]
Coordinate access for inspection and permission to alter common areas. If one party controls the entrance and another operates the public business, each needs enough information to address its actual obligations. A reimbursement or indemnity provision may later allocate costs without making the access problem disappear for customers. Keep the proposed correction, technical basis, permission, schedule, and cost allocation documented. For a service-animal or communication policy, also identify who controls daily operations; a perfectly accessible building does not resolve every operational nondiscrimination duty. [2]
See wheelchair ramps in housing and service animals in restaurants to distinguish structural accessibility from housing and operational accommodation rules.
Primary sources
Sources checked: October 31, 2026.