ADA Rules for Historic Buildings

New York's architectural landscape is defined by historic buildings. From brownstones in Brooklyn to iconic skyscrapers in Manhattan, these structures are a core part of the city's identity. However, property owners of these buildings face a unique challenge: balancing historic preservation with the legal requirement to provide accessibility under the Americans with Disabilities Act (ADA). Understanding how these two mandates intersect is crucial for compliance and avoiding legal action.

This post will outline the specific ADA requirements applicable to historic buildings in New York, clarifying the obligations for property owners and operators. Navigating these regulations correctly ensures that historic sites can be enjoyed by everyone, including individuals with disabilities, while preserving their unique character.

Understanding ADA Regulations for Historic Properties

The Americans with Disabilities Act is a federal civil rights law that prohibits discrimination based on disability. Title III of the ADA mandates that public accommodations—businesses and non-profit services open to the public—must provide equal access to their goods, services, and facilities. For building owners, this translates to removing physical barriers to access.

However, the U.S. Department of Justice recognizes the potential conflict between ADA compliance and historic preservation. Special provisions exist for buildings designated as "qualified historic buildings." A property falls into this category if it is:

• Listed on the National Register of Historic Places.

• Designated as historic under relevant state or local law.

When altering a qualified historic building, you must comply with the ADA’s accessibility standards to the maximum extent feasible. This means that if following the standard accessibility requirements would threaten or destroy the historic significance of a feature, alternative solutions may be permissible.

Key Areas of Compliance

When evaluating a historic property for ADA compliance, several key areas require attention. Business owners must prioritize barrier removal to ensure access.

Entrances and Pathways

The primary entrance to a historic building must be accessible. If making the main entrance fully accessible is not feasible without threatening the building’s historic fabric, at least one alternative accessible entrance must be provided.

• Ramps: If installing a permanent ramp would compromise a building's historic exterior, a portable ramp may be used, provided it is safe and available whenever the building is open to the public.

• Pathways: All public pathways should be at least 36 inches wide, stable, and slip-resistant.

Interior Access

Once inside, individuals with disabilities must be able to access the primary goods and services offered.

• Doorways: Interior doorways must have a clear width of at least 32 inches. If widening a historic door is not feasible, creating an alternative accessible route is necessary.

• Restrooms: An accessible restroom must be available. If structural changes to provide a fully compliant restroom are not feasible, a single-user, unisex restroom can be an effective solution. Clear signage directing patrons to the accessible restroom is mandatory.

• Vertical Access: In multi-story buildings, access to upper or lower levels is required. If installing an elevator would threaten the building's historic significance, a platform lift or other measures to make programs and services available may be considered.

When Is Compliance Not Feasible?

The "not feasible" exception is narrowly defined. It applies only when compliance with accessibility standards would cause irreparable harm to the property's historically significant features. A decision that compliance is not feasible should be made in consultation with the State Historic Preservation Officer (SHPO).

If the SHPO determines that following standard ADA requirements would destroy the historic significance of a feature, the business must provide alternative access. For example, if a historic courtroom cannot be made physically accessible, the proceedings could be moved to an accessible location upon request or broadcast to an accessible area.

Proactive Steps for Owners

Owners of historic New York properties should not wait for a complaint or lawsuit. A proactive approach is the most effective defense.

1. Conduct an Accessibility Audit: Hire a qualified professional to assess your property for architectural barriers.

2. Consult with Experts: Engage with architects, contractors, and legal counsel specializing in both historic preservation and ADA law.

3. Develop a Barrier Removal Plan: Create a documented plan to address identified barriers, prioritizing changes based on feasibility and impact.

By taking these steps, you can ensure your property not only meets its legal obligations but also remains a valued and accessible part of New York's heritage.