ADA Lawyers Defending Apartments And Apartment Advertising From ADA Lawsuits
Older apartment buildings are now being hit by ADA lawsuits, most of which, in our view, are bogus and frivolous. Many of these lawsuits claim that older apartments must be compliant with the ADA laws when they do not have to be. They may also claim that the owner’s advertisement on apartment rental websites states, or implies, that their apartments have ADA amenities or are ADA compliant. Often, ads are placed on Craigslist and then republished on other websites without the owners’ knowledge or approval.
Our attorneys at Karlin Law Firm LLP know how to deal with these lawsuits and can quickly identify when one lacks merit. Established in 1979, our firm has assessed and resolved over 6,000 ADA claims nationwide. Our attorneys bring decades of experience defending apartment owners against frivolous accessibility lawsuits.
Common Legal Claims And Standards
Both older and newer apartment properties are often targeted for failure due to:
- Make a reasonable accommodation
- Engage in reasonable discussions concerning reasonable accommodation
Both are also claimed to be violations of the Fair Housing Act and similar state statutes. Specifically, many of these lawsuits accuse apartment owners of discrimination and of violating the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3604 et seq.; Government Code § 12925.
They may also cite the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as “ANSI A117.1”), Title 24 of the California Building Code and violations of the California Unruh Civil Rights Act.
Known Litigants And Their Legal Representatives
We have seen ADA cases filed by multiple litigants, including UNITED AFRICAN-ASIAN ABILITIES CLUB and UAAAC MEMBERS. Their lawyer in these cases was David C. Wakefield, whose office is in San Diego, California.
Other attorneys sending out demand letters include:
- R. Stephen Hall, representing client: Pursuit of Respect, Inc.
- Fidelity Law, APC, making FHA and ADA website claims with attorney Brian R. Linnekens representing client Santiago Hernandez.
As noted above, our clients are owners of apartment buildings who often see these cases as having no merit. These lawsuits are often filed in the federal U.S. District Court. Our attorneys are well-versed in addressing these claims and can help you respond effectively to such allegations.
What To Do After Receiving An ADA Or FHA Demand Letter
A demand letter can feel alarming, but you do not have to face it alone. Taking the right steps early protects your rights and strengthens your defense:
- Do not ignore the letter: Even a frivolous claim carries a legal deadline. Failing to act can result in a default judgment against you.
- Preserve all records: Collect building permits, lease agreements, maintenance logs and any third-party listings associated with your property.
- Avoid direct contact with the opposing party: Do not respond to the claimant or their attorney before speaking with legal counsel.
- Contact an experienced ADA defense attorney immediately: The sooner we review your case, the sooner we can identify weaknesses in the claim and begin building your defense.
Karlin Law Firm LLP has resolved more than 6,000 ADA claims nationwide. As the largest ADA defense firm in the country, we know exactly how these cases work.
Frequently Asked Questions About ADA Lawsuits
We answer the questions property owners ask most when they receive an ADA or FHA demand letter or lawsuit.
Do older apartment buildings have to comply with the ADA?
Not necessarily. The ADA applies to places of public accommodation, such as leasing offices.
The Fair Housing Act, not the ADA, governs private residential areas. Buildings constructed before March 1991 are not subject to FHA design and construction requirements, but they must still provide reasonable accommodations.
Many of the lawsuits we see deliberately blur the line between these two laws, but we know how to use that distinction in your defense.
Can you be sued if your apartment is advertised as ADA-compliant on a third-party website?
Yes, and it happens more often than you may realize. Third-party listing sites frequently scrape and republish property information without the owner’s knowledge or consent, so a description you never wrote or authorized can appear online and become the basis for a lawsuit.
We aggressively defend clients in exactly these situations. Our attorneys work to demonstrate that you had no knowledge of and no control over the inaccurate listing, and that distinction is often central to defeating the claim.
Should you ignore an ADA or FHA demand letter if it seems completely frivolous?
No. Ignoring a demand letter is one of the most costly mistakes you can make. A court can enter a default judgment against you for failing to respond, even if the claim has no merit. Our ADA defense lawyers can review the letter immediately, assessing its legal standing and exposing its weaknesses. Call us before the deadline passes.
Protect Your Property From Unfounded Claims: Call Us Today
When you receive a demand letter or lawsuit, immediate action is crucial. Our lawyers will thoroughly assess your situation and work tirelessly to achieve positive outcomes for your case. Schedule a consultation today to discuss your specific situation. You can call us at 888-698-8932 or fill out our contact form.