Accessibility Litigation

Munsch Hardt's Accessibility Litigation group regularly handles matters involving accessibility issues raised pursuant to federal and state statutes and agency standards including those under the Americans with Disabilities Act (ADA), Texas Architectural Barriers Act (TABA), Texas Accessibility Standards (TAS) and fair housing statutes and regulations. In addition, members of the group regularly consult with clients on specific pre-litigation issues and applicability of statutes relevant to particular types of development.

Members of the group are also prepared to make presentations to clients and prospects on both the basics of accessibility litigation and current hot topics including the application of the statute of limitations to new developments as it concerns original developers, the liability of subsequent owners for design and build discrimination, and the difference between the safe harbor provisions of the United States Department of Housing and Urban Development (HUD) accessibility guidelines and the statutory access requirements.

• Representation of a binding effect of class action settlements on subsequent owners of retail, residential and commercial properties.
• Representation of actions between buyers and sellers of real estate on indemnities covering accessibility claims.
• Representation of appropriateness of class action certification in retail and commercial accessibility litigation.
• Representation of liability of tenants, managers and subsequent owners for accessibility deficits after renovation.
• Representation of what constitutes a reasonable accommodation for disabled workers, tenants and customers.