LIEB BLOG

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Tuesday, August 24, 2021

Landlords with Elevators - What do you do for disabled people during outages?

The MTA needs to explain what reasonable accommodations it made for passengers with disabilities to access the subways during its frequent and inconvenient elevator outages according to the Second Circuit Court of Appeals in Brooklyn Ctr. for Indep. of the Disabled v. Metro. Transp. Auth.


This raises an important question for all landlords - what do you do to provide access for disabled people when your elevators don't work? 


According to the Court, "[a]n “accommodation must overcome . . . non-trivial temporal delays that limit access to programs, services, and activities.” 


While the the MTA offered accommodations such as busing alternatives, notice of outages, and permanent signage explaining alternative routes, the Second Circuit said that wasn't enough to summarily dismiss the case.


Have you audited your accommodation offerings recently? If not, you should. 





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