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Facilities developed for use as transient lodging such as hotels, motels, and other resort facilities must comply with the stringent accessibility requirements of the Americans with Disabilities Act (ADA) and corresponding state regulations. To the extent that the facilities are residential in nature, they may be subject to the provisions of the federal Fair Housing Act.

Our Disability Practice Group counsel clients about the ADA’s requirements as they apply to hospitality, mixed-use, and resort developments. EBG is national ADA counsel to the American Hotel and Lodging Association and represents the association in rulemakings pending before the Department of Justice. Our attorneys have represented transient lodging and resort owners and operators in lawsuits and investigations brought under the ADA and have assisted them in achieving compliance both pre- and post-construction. EBG attorneys also monitor current issues facing the industry, including the coverage of condo-hotels by the ADA and the impact of the forthcoming revisions to the ADA regulations (the ADA Accessibility Guidelines or ADAAG) on the industry.

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