The Americans with Disabilities Act (ADA) is one of America's most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life—to enjoy employment opportunities, to purchase goods and services, and to participate in state and local government programs and services.

To be protected by the ADA, one must have a disability, which is defined by the ADA as a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.

The ADA does not specifically name all of the impairments that are covered. The ADA is located in the United States Code, beginning at 42 U.S.C. §12101.

Governmental Units that Must Comply With the ADA

Units of government at the state, county, and local levels are subject to the ADA and must comply with the ADA standards in new construction and alterations. All types of public facilities are covered, including schools, hospitals, public housing, courthouses, and prisons. Federal facilities are not covered by the ADA, but by an earlier law, the Architectural Barriers Act (ABA) and must meet separate, though very similar, standards.

Private Sector Places of Public Accommodation and Commercial Facilities

In the private sector, the ADA standards apply to places of public accommodation and commercial facilities. Places of public accommodation are facilities that affect commerce and that fall within twelve categories listed in the ADA statute—including stores, shops, restaurants, bars, sales or rental establishments, service establishments, theaters, places of lodging, recreation facilities, assembly areas, private museums, places of education, and others.

Nearly all types of private businesses that serve the public are included in the twelve categories, regardless of size. Commercial facilities include office buildings, factories, warehouses, manufacturing plants, and other facilities whose operations affect commerce.

Is ADA Compliance the Landlord’s Responsibility or the Tenant’s?

Most commercial leases include a provision that allocates the risk of liability and the cost of compliance with applicable laws to the tenant—but landlords and tenants may allocate responsibility for complying with the ADA’s requirements and liability for violations as they choose.

Any allocation of the risk of ADA liability and the cost of ADA compliance is effective only between the landlord and tenant and has no effect on the rights of persons filing lawsuits under the ADA for violations of the statute.

But the allocation of the risk of ADA liability and the cost of ADA compliance in the lease agreement is important because it may allow either the landlord or the tenant to pursue an indemnification claim against the other party to the lease agreement who assumed these responsibilities.

In North Carolina, as in all states, the Americans with Disabilities Act (ADA) mandates that individuals with disabilities must be afforded the same opportunities as others in areas such as employment, goods and services acquisition, and participation in state and local government programs. The ADA's protection extends to those with a significant physical or mental impairment, those with a history of such an impairment, or those perceived by others to have such an impairment. State, county, and local government units must comply with ADA standards when constructing or altering public facilities, which include a wide range of buildings from schools to prisons. However, federal facilities adhere to the Architectural Barriers Act (ABA). In the private sector, the ADA affects places of public accommodation and commercial facilities across twelve categories, including retail stores, restaurants, and private educational institutions, regardless of business size. When it comes to ADA compliance in commercial leases, the responsibility can be negotiated between the landlord and tenant. While this allocation affects liability and compliance costs between the two parties, it does not influence the rights of individuals who may file ADA lawsuits for statutory violations. Therefore, both landlords and tenants in North Carolina should be aware of their negotiated responsibilities and the potential for indemnification claims based on their lease agreements.