On February 15, 2018, the House of Representatives approved a bill that would modify provisions on the Americans with Disabilities Act of 1990 (ADA). Under the current ADA law, an aggrieved person can proceed directly to a lawsuit if a business isn’t in compliance with certain ADA rules and regulations.

The proposed bill, H.R. 620: ADA Education and Reform Act of 2017, would allow business owners an opportunity to remove any barriers of access through a required “notice and cure” period before civil action. The main purpose of the change is to address the unforeseen issue regarding the rise of infamous “drive-by” lawsuits, wherein some lawyers have sought to abuse the system.

The bill would prohibit direct civil action unless:

(1) the aggrieved person has provided to the owners or operators a written notice specific enough to identify the barrier, and

(2) the owners or operators fail to provide the person with a written description outlining improvements that will be made to improve the barrier or they fail to remove the barrier or make substantial progress after providing such a description.

The aggrieved person's notice must specify:

(1) the address of the property,

(2) the specific ADA sections alleged to have been violated,

(3) whether a request for assistance in removing an architectural barrier was made, and

(4) whether the barrier was permanent or temporary.

The owner or operators would then be awarded 60 days to acknowledge such notice and another 120 days to make “substantial progress” in resolving the accessibility issue. After the 180 days, if there hasn't been substantial progress (it's not clear how that standard would be regulated) the disabled person who first encountered the accessibility obstacle can then sue.

In addition to the required “notice and cure” period, the bill also lays out an initiative to develop a program to educate state and local governments and property owners on effective and efficient strategies for compliance with the ADA using existing funding.

It is important to note that this bill has only passed the House of Representatives, and there is no offered companion bill proposed in the Senate, so this law is not in effect yet.

For updates and more information regarding the newly proposed bill, subscribe to Milrose Insights. For questions regarding the ADA and compliance, contact our experts at Milrose.