ADA Lawsuit Reform

Policy Resolution

10-27-2016 | The National Association of Residential Property Managers (NARPM®) fully supports the goals of the federal Americans with Disabilities Act (“The Act”), which seeks to help ensure equal access to public facilities by disabled individuals.

NARPM® believes a person’s disability should not be a barrier to public facilities, and that all residential property managers should adhere to rules, policies, practices, and services that comply in word, deed, and spirit with The Act as it applies to their activities.

Unfortunately, we have seen an increase in so-called “drive-by” lawsuits, where plaintiffs’ lawyers will barrage well-meaning property owners with threatening demand letters over technical, easily-correctable violations in order to force quick settlements that consist mostly of attorneys’ fees.

By emphasizing quick payouts to ambitious lawyers over bringing properties into compliance with The Act, such coercive schemes debase the intent of The Act and enrich unscrupulous lawyers at the expense of the very persons The Act is intended to protect.

NARPM® requests that Congress enact legislation that would remedy this situation by creating a “notice-and-cure” provision within The Act, giving property owners accused of not complying with the Act clear notice of the alleged violation and an opportunity to remedy the violation before a lawsuit may move forward.

You can download a PDF of the Policy Resolution here.