4 Myths about the ADA that Could Cost You a Lot of Money
You probably didn't open your business or become a landlord because you love rules and regulations, so you might not grasp the intricacies of the Americans with Disabilities Act. Here are four ADA myths you can't afford to believe.


“I inherited a commercial rental property recently that was built in the 1940s. I understand that the Americans with Disabilities Act requires accessibility, but all the doorways to these shops are too narrow to allow someone in a wheelchair to enter.
“Is it true that because it was built years before the ADA became law, I am ‘grandfathered’ in, and do not have to meet current accessibility requirements? A contractor told me that to meet ADA requirements, I would have to tear down and rebuild as there is no other way. So, am I safe in doing nothing?”
Commonly Held Myths About the ADA
Is there such a thing as being grandfathered in to the ADA, allowing a property owner a free pass for accessibility compliance? We put our reader’s question to Sacramento, Calif., ADA attorney Cris Vaughan.

Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
“This is a question I get asked often,” Vaughan said. “There is no provision which allows avoiding compliance since buildings are not ‘grandfathered,’” he stated, adding, “There may be some differences in how the law is applied to a building that existed before the ADA became law, but there is no way to avoid improving access.”
It is one of several myths about the ADA’s accessibility requirements, he says, and points out the importance of the ADA to our country as a whole.
“Since becoming law in January of 1990, the ADA established comprehensive protection for people with a variety of disabilities and has sought to remove barriers to full participation in all that society has to offer. It has been a highly successful tool in the reduction of discrimination against the disabled. From the day it went into effect, any business or property open to the public was required to meet ADA accessibility requirements.”
Vaughan outlined some of the commonly held myths about the ADA, which also has versions in every state.
Myth No. 1
Since the property has been in existence 30 or more years, I am excused from making alterations necessary to make it meet current disabled access requirements.
“Generally speaking, a building existing when the ADA went into effect does not have to strictly comply with its requirements if to do so would require an unusual expense or be unusually difficult. The rules must be complied with if readily achievable to do so.”
He was quick to add, “But if you cannot strictly comply, you still must improve the property as much as you can to provide disabled access, and this might include alternative compliance or facilitation when strict compliance cannot be achieved.
“An example would be a vendor who cannot provide access to the interior of the facility might comply with the law by having curbside service in some circumstances. The whole idea is to make your property accessible through other means.”
Myth No. 2
The lease on the property I own says the tenant is responsible for ADA, so I do not have any liability.
“Under Federal ADA law, both tenant and landlord are equally responsible for compliance. However, liability between them can be assigned or allocated in the lease. They can agree who is responsible for what.
“For example, the lease could specify that while the tenants occupy the premises, they are required to make any changes necessary to bring the property into ADA compliance.”
I asked, “But what if both landlord and tenant are sued for a violation of the ADA? If the lease makes it the tenant’s obligation to comply with the ADA, will this allow the landlord to get out of the lawsuit?”
“No,” he replied. “Lease provisions — who is responsible for what — can’t be used as a defense against the person who filed suit for a violation of the ADA. Both tenant and landlord are still legally responsible, even though they have an agreement between themselves.”
Myth No. 3
If I fix it, I don’t have to pay the person who sued me anything.
“Under both federal and state law (which will vary depending on the state) damages are still collectable regardless of fixing the access issue, and can easily run into the thousands of dollars.
“In fact, yearly, many small-business owners are forced to close their doors permanently, losing their livelihoods, frequently where the access violation was minor and easily remedied.”
Myth No. 4
It’s not a big deal if I wait until I’m sued to do something.
“The only way to avoid being sued is to fix the property. If you wait until you are sued, you will have to pay to fix it AND pay your attorney, the plaintiff’s attorney, and the plaintiff,” he observes.
So, how can you learn what’s wrong with your property?
“Obtain an evaluation from a Certified Access Specialist, and do it before you are sued,” Vaughan concludes.
Profit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more. Delivered daily. Enter your email in the box and click Sign Me Up.

After attending Loyola University School of Law, H. Dennis Beaver joined California's Kern County District Attorney's Office, where he established a Consumer Fraud section. He is in the general practice of law and writes a syndicated newspaper column, "You and the Law." Through his column, he offers readers in need of down-to-earth advice his help free of charge. "I know it sounds corny, but I just love to be able to use my education and experience to help, simply to help. When a reader contacts me, it is a gift."
-
Stock Market Today: S&P 500, Nasdaq Hit New Highs on Retail Sales Revival
Strong consumer spending and solid earnings for AI chipmaker Taiwan Semiconductor Manufacturing boosted the broad market.
-
Higher Summer Costs: Tariffs Fuel Inflation in June
Tariffs Your summer holiday just got more expensive, and tariffs are partially to blame, economists say.
-
New SALT Cap Deduction: Unlock Massive Tax Savings with Non-Grantor Trusts
The One Big Beautiful Bill Act's increase of the state and local tax (SALT) deduction cap creates an opportunity to use multiple non-grantor trusts to maximize deductions and enhance estate planning.
-
Know Your ABDs? A Beginner's Guide to Medicare Basics
Medicare is an alphabet soup — and the rules can be just as confusing as the terminology. Conquer the system with this beginner's guide to Parts A, B and D.
-
I'm an Investment Adviser: Why Playing Defense Can Win the Investing Game
Chasing large returns through gold and other alternative investments might be thrilling, but playing defensive 'small ball' with your investments can be a winning formula.
-
Five Big Beautiful Bill Changes and How Wealthy Retirees Can Benefit
Here's how wealthy retirees can plan for the changes in the new tax legislation, including what it means for tax rates, the SALT cap, charitable giving, estate taxes and other deductions and credits.
-
Portfolio Manager Busts Five Myths About International Investing
These common misconceptions lead many investors to overlook international markets, but embracing global diversification can enhance portfolio resilience and unlock long-term growth.
-
I'm a Financial Planner: Here Are Five Smart Moves for DIY Investors
You'll go further as a DIY investor with a solid game plan. Here are five tips to help you put together a strategy you can rely on over the years to come.
-
Neglecting Car Maintenance Could Cost You More Than a Repair, Especially in the Summer
Worn, underinflated tires and other degraded car parts can fail in extreme heat, causing accidents. If your employer is ignoring needed repairs on company cars, there's something employees can do.
-
'Drivers License': A Wealth Strategist Helps Gen Z Hit the Road
From student loan debt to a changing job market, this generation has some potholes to navigate. But with those challenges come opportunities.