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First establish the kind of premises

Title III of the Americans with Disabilities Act (ADA) covers specified private places of public accommodation, including restaurants, shops, salons, accountants’ offices and other listed service establishments whose operations affect commerce. Do not use this guide to assume that every warehouse, private club or other site has identical duties.

The rule expressly makes both the landlord housing a public accommodation and the tenant owning or operating it subject to its requirements. A contract can allocate responsibility between those parties; it does not by itself establish compliance.

Sources: U.S. Department of Justice: Complete §36.201 U.S. Department of Justice: Public accommodation/place of public accommodation, commercial facility and readily achievable definitions

An existing barrier and an alteration have different tests

Existing-facility architectural barriers must be removed where doing so is readily achievable: easily accomplished without much difficulty or expense. The assessment considers the action’s cost and effect, site resources and, where relevant, parent-company resources and relationships. It is not simply whether this unit’s first month is profitable.

Alterations that affect or could affect usability have a different standard: the altered portions must be accessible to the maximum extent feasible. Ordinary maintenance is not automatically an alteration, and the technical standards and any element-specific safe harbour need their actual facts. An old building is not one blanket status.

Sources: U.S. Department of Justice: Public accommodation/place of public accommodation, commercial facility and readily achievable definitions U.S. Department of Justice: Complete §36.304 U.S. Department of Justice: Complete §36.402

Agree who will do the work before depending on it

Fictional example: a salon lease says the landlord handles entrance accessibility, but the entrance still has an unresolved step. The clause helps identify who promised the work; it is not evidence that the entrance is accessible. Establish the applicable requirements and what must be done before treating the opening plan as ready. This example does not decide that a particular ramp is required or feasible.

Sources: U.S. Department of Justice: Complete §36.201 U.S. Department of Justice: Complete §36.304

Scope

  • Title III premises allocation only, not an employment-disability test or complete technical design review. Actual coverage, existing-element safe harbours, paths of travel, new construction and state/local duties need their applicable requirements.

Next step

Resolve the actual access work and the agreed cost allocation before relying on the landlord’s lease promise.

Sources & review notes

The source records distinguish access dates from substantive review dates. Updating an explanation does not itself recheck the law.

28 CFR 36.201: landlord and tenant responsibilities

U.S. Department of Justice

Passage, dates and research notes

primary · Complete §36.201

Both the landlord

Accessed: 2026-11-14T01:41:00.736227+00:00 · Meaning reviewed: 2026-11-14T01:49:20.746944+00:00 · Next review target: 2026-12-14

Read the complete provision. Lease allocation is between the parties and does not eliminate either covered party’s public-accommodation duties.

28 CFR 36.104: public-accommodation and readily-achievable definitions

U.S. Department of Justice

Passage, dates and research notes

primary · Public accommodation/place of public accommodation, commercial facility and readily achievable definitions

without much difficulty or expense

Accessed: 2026-11-14T01:41:02.674364+00:00 · Meaning reviewed: 2026-11-14T01:49:20.747530+00:00 · Next review target: 2026-12-14

Read the complete named definitions, including listed facility categories and cost/site/parent-resource/relationship factors. No finding about a particular building or operator.

28 CFR 36.304: existing-facility barrier removal

U.S. Department of Justice

Passage, dates and research notes

primary · Complete §36.304

where such removal is readily achievable

Accessed: 2026-11-14T01:41:00.738781+00:00 · Meaning reviewed: 2026-11-14T01:49:20.747692+00:00 · Next review target: 2026-12-14

Read all barrier-removal provisions, examples, priorities, element-specific safe harbour and special limitations. No particular ramp, technical dimension or building-wide grandfathering finding.

28 CFR 36.402: alterations

U.S. Department of Justice

Passage, dates and research notes

primary · Complete §36.402

to the maximum extent feasible

Accessed: 2026-11-14T01:41:01.552738+00:00 · Meaning reviewed: 2026-11-14T01:49:20.748373+00:00 · Next review target: 2026-12-14

Read complete definition and feasibility conditions, distinguishing altered portions and normal maintenance. No full technical standards or path-of-travel assessment.

Detailed rule records (1)
Keep landlord and tenant accessibility duties distinct from lease costs Depends on the facts

Both covered landlord and tenant are subject to Part 36. A lease may allocate compliance responsibility between them. Existing architectural barriers must be removed where readily achievable; alterations have a separate maximum-feasible-accessibility standard for altered portions.

When to check: Operating/leasing the public accommodation or undertaking relevant alterations. Source review: 2026-11-14T01:49:20.748389+00:00.

28 CFR 36.201: landlord and tenant responsibilities 28 CFR 36.104: public-accommodation and readily-achievable definitions 28 CFR 36.304: existing-facility barrier removal 28 CFR 36.402: alterations
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