In a state as diverse and densely populated as New York, ensuring accessibility in construction isn’t just a legal requirement—it’s a social imperative. With millions navigating New York’s built environments daily, including individuals with disabilities, accessible design is essential. New York follows federal standards under the Americans with Disabilities Act (ADA) and Architectural Barriers Act (ABA), but also enforces state and city-specific building codes that often go beyond federal requirements.
What Is the ADA?
The Americans with Disabilities Act (ADA), passed in 1990, is a federal civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life—jobs, schools, transportation, and all public and private places open to the general public.
- Title III of the ADA specifically applies to public accommodations and commercial facilities, mandating that new construction and renovations must be accessible.
- Accessibility under the ADA is enforced using technical standards such as the 2010 ADA Standards for Accessible Design.
What Is the ABA?
The Architectural Barriers Act (ABA) of 1968 requires that buildings and facilities designed, built, altered, or leased with federal funds be accessible to people with disabilities.
- It applies to federal buildings, post offices, VA hospitals, and facilities built with federal assistance.
- The U.S. Access Board develops and maintains ABA Accessibility Standards, which are similar to those under the ADA.
Legal Framework in New York
- New York State Building Code: Aligns with the ADA and includes additional accessibility requirements.
- NYC Local Law 58: Imposes enhanced accessibility standards for residential buildings and new developments within New York City.
- State Human Rights Law: Further protects the rights of individuals with disabilities.
Key Accessibility Requirements for New Construction
- Accessible Routes: Must connect parking, sidewalks, and public transit stops to entrances.
- Accessible Features:
- Step-free entrances and ramps
- 36″ minimum door widths
- ADA-compliant restrooms
- Braille/tactile signage
- Visual and audible alarms
- Elevators in multistory buildings
- Employee Work Areas: Must allow entry, exit, and emergency egress for employees with disabilities.
Universal Design in New York
New York is a leader in adopting Universal Design, which goes beyond ADA compliance by creating spaces that are usable by everyone, regardless of age or ability. In practice, this includes open floor plans, touchless technology, and smart home integrations.
Benefits of Accessibility in New York
- Inclusivity for residents and visitors of all abilities
- Legal compliance with state and federal laws
- Cost savings by avoiding retrofits
- Sustainability, especially in NYC’s green building initiatives
New York is setting a strong example in accessible design. By following the ADA and ABA while integrating Universal Design principles and state-specific codes, developers can create inclusive spaces that welcome everyone—today and in the future.
John Caravella Esq., is a construction attorney and formerly practicing project architect at The Law Office of John Caravella, P.C., representing architects, engineers, contractors, subcontractors, and owners in all phases of contract preparation, litigation, and arbitration across New York and Florida. He also serves as an arbitrator to the American Arbitration Association Construction Industry Panel. Mr. Caravella can be reached by email: John@LIConstructionLaw.com or (631) 608-1346.
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Resources
- ADA Standards for Accessible Design
https://www.ada.gov/2010ADAstandards_index.htm - U.S. Access Board – ABA Guidelines
https://www.access-board.gov/aba/ - New York State Building Standards and Codes
https://dos.ny.gov/building-standards-and-codes - NYC Local Law 58 of 1987
https://www.nyc.gov/html/mancb4/downloads/pdf/local_law_58.pdf - New York State Division of Human Rights
https://dhr.ny.gov/
