MyCity
Open and Operate an Accessible Business
Understand the value of making your small business accessible.
Nearly 1 million New Yorkers live with a self-disclosed disability. Access and anti-discrimination laws protect people’s rights, and they can be good for business. When you nsure compliance with legal accessibility requirements for patrons with disabilities, , who may be your neighbors, you also help other customers, including people with strollers and temporary injuries.
The New York City Human Rights Law defines disability as any “physical, medical, mental, or psychological impairment,” or a history of such impairment, which includes a full range of sensory, mental, physical, mobility, developmental, learning, and psychological disabilities.
Review your lease for accessibility responsibility.
Prior to signing your lease, review and understand your responsibilities regarding making both the exterior and interior space accessible to people with disabilities, under city, state, and federal law as the tenant. Ask your lawyer or contact the NYC Department of Small Business Services (SBS) for free commercial lease assistance. Many NYC leases make accessibility the tenant’s responsibility — or don’t say who is responsible. Negotiate with the property owner before signing and ask if any prior tenants were sued.
Comply with city, state, and federal accessibility and anti-discrimination requirements.
Each level of government has different rules — and all apply to you. For buildings built prior to 2014, if the NYC Department of Buildings (DOB) rejects your architectural plans over accessibility, you can ask the NYC Mayor’s Office for People with Disabilities (MOPD) to recommend that DOB issue a waiver exempting you from some requirements of the NYC Building Code. But there is no waiver process for city, state, or federal accessibility civil rights laws and even if your small business is in a landmark building, accessibility laws still apply.
Under the ADA, businesses have an obligation to engage in “readily achievable barrier removal.”
- Learn more about ADA Standards for Accessible Design.
- Learn more about Barrier Free Access for Historic Buildings.
- Learn more about the Chapter 11 waiver process.
The NYC Human Rights Law requires that businesses provide full and equal enjoyment, on equal terms and conditions of their goods and services to all patrons. Businesses are prohibited from directly or indirectly communicating that patronage is unwelcome or refusing entry or services to persons with disabilities.
Providing full and equal enjoyment can include alterations to physical space, like the installation of a ramp, as well as changes to policies and practices.
When removing physical barriers or altering space is not achievable, you still must find a way to provide people with disabilities with access to your goods or services, unless doing so would create an undue hardship. For example, if the aisles in your store are too narrow and it is architecturally infeasible to make them wider, offer to pick up the items in the back of the store for a person who cannot get to the back.
Reasonable accommodations that provide equal and independent access are presumed reasonable unless a business can prove how they would pose an undue hardship.
- Learn more about Small Business and ADA Readily Achievable Requirements
- For more information about reasonable accommodations by public accommodations under the NYCHRL, see the NYC Commission on Human Rights Legal Enforcement Guidance on Discrimination on the Basis of Disability
Businesses have a responsibility to ensure that all staff, and especially managers, are equipped to engage respectfully with colleagues, patrons, tenants, and employees regardless of disabilities. This is especially important for staff that are involved in handling potential accommodation requests. Keep in mind, reasonable accommodation requests are not required to be made in any specific or formal way. If a business employee notices a patron with a disability may benefit from an accommodation, they should initiate a conversation with them to see if an accommodation is feasible.
Understand the risk of ADA lawsuits.
Even if you follow city building codes or rules, you can be sued under local, state, or federal anti-discrimination laws. It can cost thousands in legal fees to fight a lawsuit for common issues such as inaccessible storefronts and ramp violations. Many businesses settle lawsuits to avoid court costs, and settling doesn’t protect you from being sued again.
Get help making your business location(s) more accessible.
The Internal Revenue Service (IRS) provides federal tax incentives to businesses to cover the costs of making access improvements for customers with disabilities.
Make sure that your website is accessible, too.
Many NYC businesses have been sued over website accessibility. Check that your website meets the most current Web Content Accessibility Guidelines to make your web content more accessible for a wider range of people with disabilities. Ask your web developer or test your site for compliance using free online screening tools.
Tips for Dealing with a Lawsuit (Not a Substitute for a Lawyer)
Read your complaint or demand letter closely.
Do not ignore this letter. Figure out how many days you have left to respond and act quickly. The faster you act, the better your chances of keeping your costs low.
Calculate how much time you have before the deadline and complete the following tasks as soon as possible.
Call your insurance company and your landlord.
Ask your insurer whether they will pay for a defense lawyer. Check if your lease says who is responsible for accessibility issues: you or your landlord. Call your landlord and tell them about the lawsuit. Negotiate with your landlord about paying for improvements and lawyers’ fees.
Document everything.
Take pictures of everything on your property and make photocopies of documents like the demand letter and your lease. These could be important pieces of evidence in your defense.
Get guidance to make the right improvements.
Talk to your landlord about making immediate improvements. The faster you act, the less monetary damages or penalties you may be liable for. You can also hire an accessibility specialist to help you carefully inspect your business and figure out what needs to be fixed. Unfortunately, settling one lawsuit doesn’t protect you from getting sued again. Businesses in NYC have been sued multiple times. The best way to protect your business is to comply with city, state, and federal accessibility laws.
Hire a lawyer.
Find a lawyer who is experienced in handling accessibility cases ahead of the Complaint Letter's deadline to decide on a course of action for the response. Small business owners can find a qualified lawyer through the New York City Bar Association’s legal referral service by calling (212) 626-7373 or visiting their website. In NYC, lawyers’ fees for case representation can be expensive. Some law firms provide a free initial consultation.