- Here Comes The Judge!
When two local Big Bear property managers were contacted last year by an individual looking for an ADA compliant rental they had no idea that they would end up in federal court, being sued for thousands of dollars. The agents advised the caller that they did in fact have wheelchair accessible properties but they were not ADA compliant. This prompted the individual to file a lawsuit asking for several thousand dollars because he was denied access. The good news is the property managers won the lawsuit, the bad news is the language of the ruling opened the door for lawsuits aimed at individual vacation rental owners.
Welcome to the rough and tumble world of providing access to the disabled. At the heart of the matter is the American with Disabilities Act, the controversial federal law requiring a minimum level of access in all public places. The practice of suing commercial businesses for ADA compliance has been going on for years and now the battle has hit the vacation rental industry.
Judge Dolly M. Gee, of the U.S. District Court, stated in her ruling that to operate means to put or keep in operation. Vacation rental managers are not authorized to make structural modifications to the vacation rental homes to render the homes ADA compliant. The property managers only manage the homes on behalf of the owners and do not operate the rentals, the court ruled.
Disabled advocates say that since no government agency enforces the law, that task has fallen to private attorneys who file lawsuits to compel the non-compliant to provide equal access to all. Because of a quirk in California law, the state stands out as a magnet for disabled-access lawsuits and several lawyers have made a name for themselves as frequent filers.
In another case out of Florida, a rental manager was threatened with a lawsuit after an individual with a service dog was told that the property he wanted to rent was not pet-friendly and the owners were allergic to dogs. It didn’t matter that the management company had several other pet-friendly properties available, the person insisted on staying at the property in question and told the manager to expect a lawsuit if they didn’t permit the rental. Service dogs are not considered pets and the law is very clear that where ever the general public is allowed, service dogs must be allowed also.
What should you do if you find yourself in a similar situation? Try not to panic, to the best of my knowledge no private home owner has ever been successfully sued for ADA compliance. Vacation rentals are considered private property and are exempt from the same rules and regulations that commercial properties must follow. But before you say or do something to inflame the situation I strongly recommend that you contact an attorney and discuss your options.
The people who attempt to profit from the law are the exception, not the rule, and handicapped individuals should be given every possible courtesy when they inquire about staying at your property. I have friends and family who are disabled and it’s a fact that access can be very difficult. Many people simply stay home rather than create a spectacle over their disability.
If your vacation rental is not practical for a special needs guest find out who in your area has an ADA compliant property and refer those guests to them. I made a quick search and found ADA compliant and wheelchair accessible vacation rentals in almost every area that I searched. The law may be on your side but remember that you are in the hospitality business and you should do your best to accommodate potential guests, even if that means referring them to a competitor if you don’t have what they’re looking for.