Renting Space to or from Others
General Overview
Many arts and culture organizations rent their space to others — and/or they also operate, perform, hold events and exhibit in rented spaces. It is important to understand that accessibility responsibilities are shared by the landlord and renter and both are legally responsible for ensuring that the spaces (as well as the programming held in those spaces) are accessible for people with disabilities. Having a clear plan for addressing accessibility as part of the lease or rental agreement is one of the most effective ways to ensure both parties understand and fulfill their access responsibilities.
Implementation
The best way to ensure that all Title III responsibilities in a rented space are fulfilled is to proactively establish clear communication and documentation of responsibilities in the lease agreement. Keep the following considerations in mind:
- Accessibility documentation: Landlords and tenants should have documentation noting the accessibility of public spaces and outlining who is responsible for providing specific reasonable modifications for public access.
- Accessibility riders and checklists: T his Rental Accessibility Checklist can help both parties evaluate the space to identify barriers to access for people with disabilities. From there, they can create a rider (example available in the Resource section) to outline which party is responsible for making modifications and/or providing reasonable accommodations and services.
- Additional landlord/tenant responsibilities: In addition to the above, the landlord and tenant should:
- Engage in initial and ongoing conversation around access.
- Conduct regular audits of the property to ensure ongoing compliance.
- Establish a clear process for handling accommodation requests.
- Establish an advanced notification policy if patrons are requesting a specific service such as two weeks prior to performance date to ensure services like American Sign Language interpreters, audio describers, or captioners. To determine how much advance notice is required, investigate how much advance notice service providers in your area typically need. For example, in some areas it is relatively easy to find an audio describer, whereas in others you may need to bring them in from outside the area which would require more advance notice.
- Involve local disability advocates or groups when evaluating potential rental spaces to ensure their needs are met. If possible, create a working group of individuals to tour facilities. Host access awareness training for staff of the venue.
If you are presenting an event or program in a space that is not owned by you, it is even more critical to provide exceptionally thorough and clear communication about the accessibility of that venue, as well as to take additional steps to ensure you are prepared to equitably welcome people with disabilities. Be sure to consider the following:
- Provide clear communication about each rental space:
- Create a “Know Before You Go” guide specific to each venue, detailing its accessibility features (or gaps) such as entrances, restrooms, parking, and auxiliary aids. (Visit the Pre-visit or Know Before you Go page of the Hub to learn more.)
- Include venue maps with icons for accessible paths, quiet areas, and emergency exits.
- Use the Universal Icon system to identify access variances between sites that you may use. (Visit the Access Symbols page of the Hub for more information.)
- Offer event-specific accessibility information:
- Clearly state in event materials what accessibility features will be available (e.g., captioning, interpreters, sensory-friendly hours).
- Provide a contact point for attendees to request additional accommodations in advance.
- Ensure that there are wheelchair locations in performance or gallery spaces.
- Share information across multiple channels:
- Share accessibility information through your organization’s website, email newsletters, event tickets, and social media platforms.
- Have potential backup venues:
- Maintain a list of alternative venues with strong accessibility features in case the primary venue cannot meet the needs of a particular event.
- Consider alternative solutions:
- Have portable accessibility equipment on hand (e.g., ramps, signage, assistive listening devices, sighted guides, audio describers, captioning apps) to address gaps in rental spaces that may not be ADA-compliant.
- Consider partnering with cultural colleagues in the area to share costs in purchasing accessibility equipment that can be shared among multiple organizations.
- Explore creative ways to enhance accessibility in challenging spaces, such as live streaming events for those unable to navigate the venue.
- Partner with adaptive technology providers to offer unique accommodations like virtual tours.
- Always test spaces and equipment before use:
- Engage people with disabilities by hosting small test events to identify and address potential accessibility issues in unfamiliar venues.
- Solicit feedback and community input:
- Actively seek feedback from attendees about the accessibility of rented spaces to guide future venue selections.
- Use surveys or feedback forms with specific questions about their experience.
- When evaluating potential rental spaces, involve local disability advocates or groups to ensure that their needs are met.
- Ensure that feedback surveys are accessible and offered in alternative formats.
Associated Legal Requirements or Obligations
Please note that, while this content was developed by people with expertise in the ADA and legal requirements related to access, it was created for informational purposes and should not be considered legal advice.
- 2010 Standards for Accessible Design
Consider whether the facility or venue that you are renting meets these basic requirements before you sign a lease or other agreement:
- Accessible Routes (Section 402) Venue must have an accessible route to all public areas, including performance spaces, event halls, and restrooms.
- Doors, Doorways, and Gates (Section 404) Entrances must meet width and maneuverability requirements for mobility device users.
- Seating & Assembly Areas (Sections 221 & 802) Performance or event spaces must provide designated wheelchair-accessible seating locations.
- Parking (Section 502) Parking areas must include van-accessible spaces and an accessible route to the venue.
- Restrooms (Section 603) If there are restrooms in the venue, the appropriate number must be accessible.
- Dressing Rooms (Section 222) Indicate if dressing rooms and performance/exhibit spaces are accessible
- Title III of the ADA or a Title III Entity
- Shared Responsibility in Rented Spaces (28 CFR § 36.201)
- Both the landlord and tenant share legal responsibility for ensuring accessibility in places of public accommodation.
- Lease agreements may allocate responsibilities, but both parties remain jointly liable for ADA compliance.
- Reasonable Modifications & Barrier Removal (28 CFR § 36.302 & § 36.304)
- Readily Achievable Barrier Removal Landlords and tenants must remove architectural and communication barriers where doing so is readily achievable.
- Reasonable Modifications:
- Tenants must make reasonable modifications to their policies, practices, or procedures to allow for accessibility.
- This includes modifying rental agreements or adjusting policies for events held in rented spaces.
- Shared Responsibility in Rented Spaces (28 CFR § 36.201)
- Section 504 of the Rehabilitation Act
Organizations receiving federal funding must ensure that all programs and services in rented spaces are equally accessible to individuals with disabilities. This includes:
- Ensuring accessible seating, routes, and auxiliary aids when using rented venues.
- Establishing clear procedures for handling accommodation requests when programming in off-site locations.
- Accessibility in Federally Funded Spaces (Section 1011 & F247.3.1)
- If a rented space is in a federally funded facility, it must meet the ABA Standards for accessibility. This includes accessible routes, restrooms, and entrances.
- The U.S. Access Board provides guidance for rented facilities.
See also:
- 2010 Standards for Accessible Design
- ADA (Americans with Disabilities Act)
- Architectural Barriers Act (ABA)
- Auxiliary Aids and Services
- Readily Achievable Barrier Removal
- Reasonable Accommodation
- Rehabilitation Act of 1973
- Safe Harbor
- Section 504 of the Rehabilitation Act
- Title III of the ADA or a Title III Entity
- Undue Burden/Hardship
- Uniform Federal Accessibility Standards (UFAS)
- U.S. Access Board
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