ADA and TAS - Do you know the difference?

And do you care?  Well if you're reading this blog I'm guessing you just might.  Property Managers don't get a pass on caring about accessibility for our properties.  Most of us in real estate know the acronym "ADA" as representing the "Americans with Disabilities Act."  On the other hand, "TAS" stands for "Texas Accessibility Standards."  Maybe you still don't care, and that's OK, but I must press on, because I think there's a nugget of interest, so keep reading - if only to keep me company.

When we have "accessibility" consultants evaluate a property, and we get a report from them.  Their report is all about the TAS, not ADA.  They are actually different, who knew? (please try to keep reading).  As long as the state's standards are at least as strict as ADA, each state can have its own, and that is what Texas does.

Let's say a property owner spends at least $50,000 on construction alternations at their property--that suite or area being constructed must meet TAS standards, which start from the point at which a disabled person parks their car in the parking lot, then follows the "path of travel" into the property and to the constructed area, including the bathrooms along the way.  It can be daunting to meet those standards.  You hire an accessibility consultant to evaluate the property before and after the project, and they file a report with the TDLR (yes, another acronym) which stands for the Texas Department of Licensing and Regulation.  If the "after" report still documents deficiencies, it's sort of like it stays on the property's "permanent record" (wasn't that phrase in a movie or a song), and the property owner can be subject to fines/penalties until the deficiencies are corrected.  If the cost of meeting all the requirements cited in the report cannot be met by the owner, they can request additional time to correct them, and that time is usually granted, sometimes in our experience, multiple extensions are sought and granted.

It's a bit complicated, but it's worth our time to keep up with it to avoid the state levied penalties.   You can run, but you can't hide...from the MAN (No that's not another acronym).