The Americans with Disabilities Act (ADA), passed in 1990, protects individuals with disabilities against discrimination in all public areas of life, including access to and occupancy of commercial and residential buildings. Most property owners and management companies are familiar with the requirements that buildings be accessible to individuals with disabilities; for example, the installation of an entrance ramp, chair lift, or grab bars where necessary. However, many owners and agents are unaware that their websites should be accessible to the disabled as well.
The use of interactive websites has made property management more efficient and has provided tenants with the flexibility of dealing with property related matters at their convenience anytime during the day or night. With property management becoming more tech savvy, occupants, tenants, and prospective tenants are able to access important information and services, such as completing and submitting rental applications, requesting repairs, paying monthly rent, signing leases, and receiving messages and notices from management via management websites. While these websites are intended to make it easier for management and tenants/prospective tenants to access these services, many such websites are unfortunately not accessible to all; those with visual, auditory, and mobility impairment may find using digital platforms difficult, if not impossible without the correct accessibility features.
Over the last decade, there has been a great public interest push for the ADA principles and accessibility requirements to extend to digital platforms. These requirements would allow individuals with visual, auditory, and mobility impairments to access information and resources contained on websites.
Inaccessibility to property management websites could be a major obstacle for disabled individuals, who may have limited connections to necessary resources without a usable site. Websites often become the substitute for traditional avenues of communication and payment, rendering the ability to use the sites essential.
A website that is not accessible to the disabled could subject owners and management to liability under the various applicable human rights laws. Each year there are hundreds of lawsuits commenced alleging damages due to inaccessible websites. Therefore, to promote an inclusive environment and equal opportunity in one’s building, limit potential liability, and avoid costly litigation, it is advisable that owners and management take steps to ensure that their websites are accessible.
So how can owners and management companies ensure that their websites are accessible? The first step would be consulting with the web developers responsible for maintaining the site. Accessibility features may be included in the website without owner/management evening knowing about it. If your web developer is not familiar with web accessibility issues, then you should find one that is. In addition, various software exists that aid in both creating accessible features and checking existing websites for flaws. This software could be paired with manual testing to ensure accuracy. A web developer with knowledge in disability accessibility can provide valuable advice as to software and manual testing.
As people are increasingly reliant on the internet to share and receive information, web accessibility is vital to property management. Owners and management can only benefit from implementing and maintaining disability accessible websites.
Kara I. Rakowski
Belkin Burden Wenig & Goldman, LLP
270 Madison Ave.
New York, NY 10016
212-867-4466 ext. 330
krakowski@bbwg.com
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