Fair Housing

What is 'architectural barriers removal' and how does the ADA affect Hawaii commercial real estate?

AA. ADA barrier removal is optional for all Hawaii businesses; only new construction must comply
BB. Existing places of public accommodation must remove architectural barriers when 'readily achievable'; new construction must be fully accessible; tenants and landlords share responsibility for ADA compliance✓ Correct
CC. ADA applies only to buildings with more than 50 employees in Hawaii
DD. ADA barrier removal requirements only apply to government buildings in Hawaii

Explanation

The ADA requires existing places of public accommodation to remove architectural barriers when 'readily achievable' (easily accomplishable without much difficulty or expense). New construction and alterations must fully comply. In Hawaii commercial leasing, both landlords and tenants share ADA compliance responsibility—landlords for common areas and exteriors; tenants for their leased spaces. Failure to comply creates liability for both.

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