MYTH - I can file for a "Unreasonable Hardship"

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MYTH:

“I can just file for an "Unreasonable Hardship" if I can't afford to improve the accessible path of travel when I make an alteration to my property.”

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FACT:

The enforcing agency will not issue an “Unreasonable Hardship” unless the adjusted construction cost exceeds $170,466.00

Alterations WILL require accessibility improvements

If your facility is altered, an accessible path of travel to the area of alteration is required. If the overall construction cost is less than valuation threshold ($170,466.00), then 20% of the adjusted construction cost must be allocated to accessibility improvements on the path of travel. An “Unreasonable Hardship” exemption will not be granted by the enforcing agency if the construction cost is less than the valuation threshold.

If the adjusted construction cost exceeds the valuation threshold, then the enforcing agency will consider an “Unreasonable Hardship” exception. However, in no case will the cost of compliance be less than 20 percent of the adjusted construction cost of alterations.

For more information about Path of Travel requirements Click Here.

Contact a Certified Access Specialist (CASp)

There are many nuances and interactions between state and federal requirements. We highly recommend that you consult with a CASp if you have any questions about your facility. Please don’t hesitate to contact us.

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Cory Cabral

Cory Cabral is our co-founder and Senior Certified Access Specialist. He graduated from San Diego State University with bachelors degree in Business Administration. After college he began his career in the sign industry where be became an expert in the field of ADA signage. During that time, he found that many of his clients were being put out of business because of ADA lawsuits. In most cases, the business owners simply did not know that their businesses had barriers to accessibility. He soon began searching for resources to help his clients avoid accessibility lawsuits and discovered the California Certified Access Specialist program. After immersing himself in all aspects of accessibility in the built environment by studying at the CalCasp Academy and the DSA, he became a California Certified Access Specialist. He is now CASp-630 and helps businesses limit exposure to ADA lawsuits by providing them with the resources necessary to make their products and services accessible to all.