Accessibility violations are among the most financially punishing building code issues a commercial property owner in Los Angeles can face. Unlike most building code matters that are resolved through the municipal permit process, ADA noncompliance exposes owners to federal civil rights claims, California Unruh Civil Rights Act lawsuits, and construction-related accessibility lawsuits under California Civil Code Section 55.53. Understanding what is required, and when obligations are triggered, is not optional for anyone who owns or operates a commercial building.

The Two Layers of Accessibility Law

Commercial building accessibility in Los Angeles is governed by two overlapping but distinct frameworks.

Federal: The Americans with Disabilities Act (ADA). Title III of the ADA requires that places of public accommodation and commercial facilities be accessible to individuals with disabilities. The ADA references the 2010 ADA Standards for Accessible Design, published by the Department of Justice.

State: California Building Code (CBC). Chapter 11A and Chapter 11B of the California Building Code (Title 24, Part 2) establish accessibility requirements that in many respects are more stringent than the ADA. Where the CBC imposes a stricter standard, the stricter standard applies. California law is enforced through the local building department (LADBS in Los Angeles) during the permit and inspection process, and independently through private civil litigation.

Building owners must comply with both frameworks simultaneously. Meeting ADA requirements alone is not sufficient if the CBC imposes additional obligations, and vice versa.

When Accessibility Upgrades Are Triggered

New Construction

All new commercial construction must be fully accessible from the outset. There is no grandfather clause or phase-in period for new buildings.

Alterations and Tenant Improvements

Under both the ADA and the CBC, when a building owner or tenant undertakes alterations to a commercial space, accessibility improvements are required. The CBC establishes a specific cost threshold: when the cost of alterations exceeds a valuation threshold set by the Division of the State Architect (currently tied to a formula based on the building's replacement cost), the owner must spend up to 20 percent of the overall construction cost on accessibility improvements to create a path of travel to the altered area. This path-of-travel requirement includes accessible entrances, routes, restrooms, telephones, and drinking fountains serving the altered area. For more, see Commercial Tenant Improvement Permits in LA.

Existing Buildings: Barrier Removal

Even without alterations, the ADA imposes an ongoing obligation on owners of places of public accommodation to remove architectural barriers where removal is "readily achievable," meaning easily accomplishable without much difficulty or expense. This is a continuing duty that is assessed based on the owner's resources and the nature of the barrier.

Common Accessibility Deficiencies

The most frequently cited accessibility violations in Los Angeles commercial buildings include:

  • Parking. Insufficient number of accessible spaces, missing van-accessible spaces, improper signage, excessive slope, and access aisles that do not meet dimensional requirements.
  • Entrances. Steps without ramp alternatives, doors with excessive opening force (more than 5 pounds for interior doors), insufficient maneuvering clearances, and non-compliant door hardware.
  • Restrooms. Grab bars missing or improperly placed, insufficient clearance for wheelchair turning radius, non-compliant lavatories, and inaccessible dispensers and accessories.
  • Path of travel. Changes in level exceeding allowable thresholds without ramps, routes narrower than the required 44 inches (or 36 inches in certain conditions per CBC), and protruding objects that reduce head clearance below 80 inches.
  • Signage. Missing tactile and Braille signage at permanent rooms and spaces, non-compliant exit signs, and improper mounting heights.

LADBS Enforcement

LADBS reviews accessibility compliance during plan check and field inspections for any permitted work. Plan check engineers verify that construction documents show compliant accessible features, and field inspectors confirm the work matches the approved plans. Projects that fail to address accessibility at the plan check stage will receive correction letters requiring revisions before permits are issued.

LADBS also enforces accessibility through its code enforcement and complaint investigation processes. A complaint about inaccessible conditions at a commercial property can trigger an investigation and an order to comply.

Private Litigation Risk

California is among the most active states for accessibility-related lawsuits. Under California Civil Code Section 55.53, individuals with disabilities can file construction-related accessibility claims seeking statutory damages, injunctive relief, and attorney's fees. The Unruh Civil Rights Act (California Civil Code Section 51) provides minimum statutory damages of $4,000 per violation per occurrence. Serial accessibility litigants and their attorneys actively target properties with visible deficiencies, particularly in retail corridors and commercial districts throughout Los Angeles.

The Certified Access Specialist (CASp) inspection program, created by California law, offers building owners a degree of litigation protection. A CASp inspection that identifies and documents accessibility conditions gives the building owner certain procedural advantages in litigation, including the right to request an early evaluation conference and a stay of litigation to allow time for corrections.

Key Takeaways

ADA and California accessibility compliance for commercial buildings in Los Angeles is governed by overlapping federal and state requirements. Obligations are triggered by new construction, alterations, and the ongoing duty to remove barriers in existing buildings. LADBS enforces accessibility through plan check and inspections, while private litigants enforce it through the courts. Property owners should proactively assess their buildings, prioritize corrections, and consider CASp inspections to reduce exposure to costly lawsuits.