Poll: Should Tenants or Landlord Make ADA Fixes?

When five Rosemont Plaza businesses were to their bathrooms, parking lots and other areas, some wondered if their landlord would be responsible for making the requested fixes.

Scott Johnson, the attorney who filed the suits, previously said he wanted landlords to be the ones who had to pay up to make any accessibility changes.

"It'd be nice if congress said property owners are responsible, period," Johnson said . "Then you've got the people with the wherewithal to fix the properties."

The from the limited partnership that owns the Kiefer Boulevard property didn't address the issue, denying Johnson's claims and asking for the suit to be thrown out.

So whose responsibility is it?

Brian Landsberg, a Pacific McGeorge School of Law professor who has studied the Americans with Disabilities Act, said it depends on the leases signed by :

"According to Department of Justice regulation: 'Both the landlord who owns the building that houses a place of public accommodation and the tenant who owns or operates the place of public accommodation are public accommodations subject to the requirements of this part. As between the parties, allocation of responsibility for complying with the obligations of this part may be determined by lease or other contract.' "

Rosemont, what do you think? If the businesses in Rosemont Plaza are required by this lawsuit to make upgrades to their bathrooms or other areas, who should pay up? Take our poll below and leave your thoughts as a comment.