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Q&A
Council Member Julie Menin questions agencies on ADA compliance challenges for small businesses
0:30:16
·
4 min
Council Member Julie Menin leads a Q&A session with representatives from the Department of Small Business Services and the NYC Commission on Human Rights regarding ADA compliance issues facing small businesses. The discussion covers predatory lawsuits, city resources for businesses, and potential solutions to help businesses become more accessible.
- Menin raises concerns about an individual who has filed numerous ADA lawsuits against small businesses
- SBS discusses the challenges of federal ADA legislation and the vulnerability it creates for small businesses
- The conversation touches on SBS's current services, including commercial lease assistance, and potential new initiatives to support businesses in becoming more accessible
Julie Menin
0:30:16
I'm so sorry.
0:30:17
I couldn't hear that.
0:30:17
I apologize.
0:30:18
Thank you so much.
0:30:20
So a couple questions I have about the issue that I raised in the opening statement about the that one individual who has been responsible for filing 113 federal ADA lawsuits against small businesses since 2018.
0:30:38
What can the city do about that?
0:32:21
So does SBS provide any guidance to these small businesses who are facing these lawsuits?
0:33:00
And then just lastly, in terms of my bill entered February, what can be done to then try to help these small businesses become more accessible?
0:33:11
You know, how can I mean, the point of the bill is obviously via through loans, grants, or some mechanism to try to offset and defray some of the costs for these small businesses?
0:34:06
Okay.
0:34:06
Thank you very much.
0:34:07
Thank you, chairs.
Haris Khan
0:30:41
Thank you so much council member Menon for elevating this real concern that so many businesses have struggled with over the past couple years.
0:30:49
We've had conversations at a leadership level, at a staff level, on the trends that we're noticing with some of this predatory litigation that has taken place.
0:30:58
It's very concerning.
0:31:00
At the city, we've made sure that working with the subject matter experts in the administration, CCHR on the city's human rights law, MOPD on ADA at large, we've developed a central resource on the MyCity business site.
0:31:13
It's a business accessibility page that covers a variety of topics related to accessibility, including digital and also connections to services.
0:31:21
But the ADA is a federal legislation.
0:31:25
And those significant protections under the ADA has also given room for vulnerability for small businesses in terms of their ability to comply.
0:31:34
And it creates a private right of action whereby even an individual that's not a New Yorker or out of state can file a lawsuit, and court practices then allow it to proceed.
0:31:44
And so we're concerned about that as it shows no matter even to the extent that the city provides all the resources possible, the federal legislation has this vulnerability in it for small businesses that opens up the door to the situation that you've just described, which can be painful for some businesses that are trying to do the right thing.
0:32:05
And we've also heard of cases where a business could be attempting to and be fully compliant, but there could be a lawsuit that they then face and have to still spend their precious time and money navigating that process at their detriment.
0:32:28
So council members, currently in the city, we do not have the right to counsel for small businesses, but we do provide commercial lease assistance at SBS, and we're proud that in the course of that assistance, we do cover all the responsibilities and obligations in the lease agreement before businesses sign that lease.
0:32:47
And so it's helpful in understanding a lease could go up to forty, fifty pages, has very complicated clauses, and our attorneys are able to break that down, analyze that, and explain that to the business owner before they agree to sign a lease document.
0:33:23
So I I think on that bill, council member, we're we're working with our sister agencies.
0:33:29
We're also working with the law department to better understand what would be operationally possible.
0:33:33
We do have some fiscal concerns with that legislation as it's currently written.
0:33:38
But we'd love to have a conversation with you further because it is a very serious issue that businesses are facing.
0:33:44
And because it's a federal legislation, no matter what the city does in response, there will still be a case where business owner that's trying to do the right thing, that is attempting to do the right thing, still could be faced with litigation, frivolous litigation in some cases, that takes them away from their business.
0:34:00
They might be doing all of the right things but still have to close down because of the way the circumstances.
JoAnn Kamuf Ward
0:34:08
I'm just gonna add one just one piece on that bill because this is something that comes up for us and it's a perennial challenge for New York City, is the building sizes.
0:34:20
So even if you can make the front of a store physically accessible, something that comes up in cases that we see is that people then, if they're using a wheelchair, can get into the store.
0:34:30
But they can't actually navigate the building.
0:34:32
And that's a building code, building structure issue.
0:34:36
But I think it's just something to be aware of as we're trying to think about how do we make New York City more accessible.
0:34:41
Some of the longstanding buildings are just really problematic.
0:34:45
And so if a case comes to CCHR, we attempt to work with business owners.
0:34:50
Some people put a bell at their front door, and they have a staff member who can deliver something to an individual who might not be able to inside of the building.
0:34:59
So there are definitely creative workarounds to meet the needs of New Yorkers who are trying to access businesses, but also the reality of building structures in our city.
Nantasha Williams
0:35:12
Thank you.
0:35:13
Council member Narcisse.