You’re either here because you’re trying to figure out what ADA compliance is or you’re trying not to get sued, and I’m here because I know what it is and don’t want you to get sued.

So let’s dive in...

What Is ADA Compliance?

ADA compliance simply means an entity that is accessible to individuals with disabilities. The term refers to the Americans with Disabilities Act Standards for Accessible Design that was published by the Department of Justice (DOJ) in 2010. It states that government facilities, public accommodations, and commercial facilities must be readily accessible and usable by individuals with disabilities.

Does ADA Compliance Apply to Websites?

While the ADA does not specifically address websites, the standards apply to entities that have “places of public accommodation” and that has been interpreted to include the internet and for our purposes, websites. In fact, the DOJ has stated that many websites can be considered “places of public accommodation” even if they don’t have a physical presence. 

Additionally, in June 2018, The Web Content Accessibility Guidelines (WCAG) 2.1 Level AA was created. It furthers the original act by saying that all electronic and information technology (like websites) must be accessible to people with disabilities. However, this update is a gray area since it is a guideline and not a legal requirement.

What About Apartment Websites? 

If the DOJ considers websites that don’t have a physical entity to be under ADA regulations, how do you think they categorize websites that are connected to a physical apartment which is one of the most frequent “places of public accommodation” in our country? 

Does Your Apartment Website Need to be ADA Compliant? 

My answer is a steadfast yes. 

This is what I tell all of my property clients and let me tell you why…

First, did you know that a 2016 report from the Centers for Disease Control and Prevention states that 25 percent of American adults, or one in four, have a disability? That’s a total of 61 million people and likely many of them are renters (or would be if they could access apartment websites). 

When you have an apartment website that is not ADA compliant, you are restricting a whole section of amazing individuals from learning about your property. Not only can this cut you off from potential new leases but it’s also discriminating against this group of individuals. As an industry that prides itself on offering high-quality living options for people to call home, I feel like this goes against our goals. 

On top of that, in recent years the DOJ has stated on multiple occasions, both verbally and through legal case rulings, that websites are underneath the umbrella of ADA. By not complying, you are opening your property up to potential lawsuits.

Now, I’m not saying that the second you launch a new website or update your current one, you’re going to be sued. However, it’s better to get in front of the ball and be the leader rather than one who gets squished.

You can always use a helpful accessibility checklist to aid you in your journey to compliance. 

Why Does ADA Compliance Matter More Now? 

This is the real question, right? Because not too long ago, none of us were even remotely thinking about this. Since the ADA was published back in 2010, why does it suddenly matter now more than 10 years ago? Why am I suddenly hearing about it and seeing a push for apartment websites to be compliant? 

Along with the updated 2018 guidelines that were mentioned above, recent years have seen a significant increase in federal lawsuits filed against businesses, alleging that their websites violate ADA by not being accessible to people with disabilities. In 2019 alone, there were 2,256 ADA website-accessibility lawsuits filed. We can compare this to the 814 that were filed in 2017. This is a 177 percent increase in two years. 

It’s quite sad how many websites aren’t accessible to people with disabilities. In a recent study, it was discovered that 98 percent of the world’s top 1 million websites were noncompliant. 

As technology continues to be the dominating force not only in apartment leases but in all ongoings of life, we will continue to see an increase of ADA compliance lawsuits and a push for more apartment websites to comply. 

Let’s also not forget that ever since the pandemic hit, we have merged even more so to the online space as an industry. An accessible and compliant website has never been more important.