{"id":1648,"date":"2023-09-19T16:01:53","date_gmt":"2023-09-19T23:01:53","guid":{"rendered":"https:\/\/dredf.org\/web-log\/?p=1648"},"modified":"2023-09-19T16:03:43","modified_gmt":"2023-09-19T23:03:43","slug":"understanding-how-the-ada-applies-to-historic-properties","status":"publish","type":"post","link":"https:\/\/archive.dredf.org\/web-log\/2023\/09\/19\/understanding-how-the-ada-applies-to-historic-properties\/","title":{"rendered":"Understanding How the ADA Applies to Historic Properties"},"content":{"rendered":"

September 19, 2023<\/strong><\/p>\n

\"Black
Photo by Andra C Taylor Jr<\/a> on Unsplash<\/a>.<\/figcaption><\/figure>\n

Historic does not mean inaccessible.<\/em><\/strong><\/p>\n

Title III of the Americans with Disabilities Act (\u201cADA\u201d), which applies to places of public accommodation[1]<\/a>, does not contain a \u201cgrandfather clause.\u201d\u00a0 In other words, just because a place of public accommodation is old or was built before the ADA was enacted does not mean that the property is exempt from the Act\u2019s accessibility requirements.<\/p>\n

A related and common misconception about the ADA is that historic properties are exempt from the Act\u2019s requirements. Although the ADA does provide exceptions for qualified historic properties these exceptions are limited.<\/p>\n

If a place of public accommodation is historic as defined by the ADA, and full compliance with accessibility standards would threaten or destroy the historical significance of the property, fewer accessibility requirements may be required. Let\u2019s explore these exceptions below.<\/p>\n

What is a Historic Property Under the ADA?<\/strong><\/h2>\n

For purposes of the ADA, historic properties are those that are either listed on, or eligible to be listed on, the National Register of Historic Places under the National Historic Preservation Act[2]<\/a> or designated as historic under state or local law. 28 C.F.R. \u00a7 36.405.\u00a0 Although many buildings have architectural or historical significance because of events that took place there or the time in which they were constructed, the ADA only recognizes properties with significant historical, architectural or artistic value or importance who meet this definition.<\/p>\n

What are the Minimum Accessibility Requirements for Historic Properties?<\/strong><\/h2>\n

Historic properties are not exempt from the ADA\u2019s accessibility requirements but may be allowed to use alternative requirements to meet their accessibility obligations.<\/p>\n

According to the\u00a0ADA\u2019s Accessibility Guidelines<\/a>, historic properties must, at a minimum<\/em>, meet the following accessibility requirements. These minimum requirements are exceptions from the ADA\u2019s general requirements, which require a higher level of access.<\/p>\n