Do Older Buildings Have to Comply With ADA? A Guide for NYC Property Owners

New York City is filled with buildings constructed decades, and sometimes more than a century, before the Americans with Disabilities Act became law. That creates a common question for property owners, landlords, tenants, and business operators:

Does an old building have to comply with the ADA?

The short answer is yes, often—but that does not necessarily mean every older building must immediately be reconstructed to meet every requirement that applies to new construction.

The age of a building does not create a blanket exemption from the Americans with Disabilities Act. The U.S. Department of Justice specifically states that businesses serving the public are generally covered by the ADA regardless of the age of their buildings, and that “grandfather” provisions found in local building codes do not eliminate federal ADA obligations.

What an existing building must actually do depends on several factors:

• how the building is used;
• whether it is open to the public;
• whether construction or alterations are occurring;
• whether physical barriers can be removed without much difficulty or expense;
• whether the property is residential, commercial, governmental, or historic;
• what portions of the building are being altered; and
• which federal, New York State, and New York City accessibility laws apply.

For NYC properties, another complication is that ADA compliance and NYC Building Code compliance are separate legal questions. A building may have responsibilities under the federal ADA even when DOB does not require a particular retrofit.

Understanding that distinction is essential before renovating, leasing, purchasing, or operating an older New York building.

Are Older Buildings Grandfathered Under the ADA?

No. There is no blanket ADA “grandfather clause” for an older building simply because it predates 1990.

The Department of Justice is unusually explicit about this point. Businesses classified as places of public accommodation are subject to ADA requirements regardless of the size of the business or the age of the building. DOJ also states that local grandfather provisions do not exempt businesses from their ADA obligations.

That does not, however, mean an existing 1900 building is treated exactly the same way as a brand-new building completed today.

The ADA establishes different obligations for:

This distinction is the key to understanding accessibility in older properties.

An existing restaurant is not automatically required to demolish and rebuild its entire interior to current new-construction standards merely because it opened before the ADA. But neither can the restaurant simply say, “The building is old, so the ADA doesn’t apply.”

Which Older Buildings Are Covered by the ADA?

The first question should actually be:

What happens inside the building?

For most private businesses open to customers, ADA Title III is the relevant federal law.

Examples of places of public accommodation include:

• restaurants and bars;
• retail stores;
• hotels;
• theaters;
• private schools;
• doctors’ and dentists’ offices;
• hospitals;
• gyms;
• day care facilities; and
• many other businesses serving the public.

Consequently, a restaurant operating in a 1910 Manhattan tenement storefront can be covered by the ADA just as a restaurant operating in a building completed in 2025 can be.

The physical obligations may differ because one is an existing facility and the other is new construction, but the older building is not excluded simply because of its age.

What About Offices, Factories and Warehouses?

The rules are somewhat different for private commercial facilities that do not themselves provide goods or services directly to the general public.

DOJ identifies facilities such as office buildings, factories and warehouses as commercial facilities. They are generally subject to ADA accessibility standards when they are newly constructed or altered, rather than the ongoing Title III barrier-removal obligation imposed on public accommodations.

Separate ADA employment requirements can also apply to employers, but those are distinct from the architectural requirements discussed in this article.

The Most Important Rule for Existing Businesses: “Readily Achievable” Barrier Removal

For an existing place of public accommodation, one of the most important ADA concepts is readily achievable barrier removal.

Under Title III, an existing business must remove architectural barriers when doing so is:

easily accomplishable and able to be carried out without much difficulty or expense. 

This creates a more flexible standard for an existing building than the standards applied to brand-new construction.

For example, readily achievable improvements might include:

• installing a ramp at a small entrance step;
• changing inaccessible door hardware;
• widening a doorway;
• rearranging display racks;
• moving tables and chairs;
• lowering or modifying a service counter;
• creating an accessible route through a store;
• repositioning furniture; or
• making an accessible parking space. ADA.gov

Whether a particular modification is readily achievable is determined case by case.

What Determines Whether an Improvement Is “Readily Achievable”?

There is no universal dollar amount that applies to every business.

Federal regulations consider factors including the nature and cost of the work, financial resources available at the facility, the effect of the work on the operation, the number of employees, relationships with a parent company, and the financial resources and operations of any relevant parent organization.

As a result, the same accessibility improvement could conceivably be readily achievable for one business but not for another.

A modest ramp may represent a relatively minor improvement for a national retailer occupying a large storefront. The same construction could be substantially more difficult for a small independent business occupying a narrow historic storefront where the floor sits several feet above the sidewalk.

The analysis is therefore more nuanced than asking: “How old is the building?”

The better question is: “What barriers exist, and which of them can reasonably be removed under the circumstances?”

Barrier Removal Is an Ongoing Obligation

One particularly important aspect of the ADA is that “readily achievable” is not necessarily determined once and forgotten forever.

The Department of Justice describes barrier removal as a continuing obligation. A modification that was not financially or practically readily achievable several years ago may become readily achievable later if the business’s financial circumstances or the building conditions change.

For example, suppose a small restaurant determines that it cannot presently afford an entrance modification.

That does not necessarily settle the issue permanently.

If the business later expands, renovates, becomes significantly more profitable, or undertakes other construction at the entrance, the accessibility question may need to be revisited.

This is one reason owners and tenants of older properties benefit from developing an accessibility plan rather than addressing ADA issues only after receiving a complaint.

Which Accessibility Barriers Should an Older Business Address First?

DOJ provides a useful priority order for existing businesses undertaking barrier removal.

Generally, the highest priorities are:

1. Access from sidewalks, parking, or public transportation into the business
2. Access to the goods and services offered
3. Access to public restrooms
4. Access to other amenities, such as drinking fountains.

That ordering makes practical sense.

Making an interior sales counter accessible does relatively little if a wheelchair user cannot enter the building in the first place.

For a typical older NYC storefront, an accessibility assessment therefore often begins with questions such as:

• Is there a step between the sidewalk and entrance?
• Is the entrance door wide enough?
• Is sufficient maneuvering clearance provided?
• Can a wheelchair user travel through the storefront?
• Are there level changes inside?
• Is the service or checkout counter accessible?
• If customers use a restroom, can they reach and use it?
• Are dining tables or other customer areas accessible?

The route should be considered as a system rather than treating individual elements independently.

Does an Old Building Need an ADA Ramp?

Potentially.

A single entrance step can make a business inaccessible to someone using a wheelchair or other mobility device. DOJ specifically identifies ramps, lifts and walkway regrading as potential methods of making an entrance accessible.

Whether a ramp must actually be installed in an older building depends on the applicable circumstances.

If constructing a compliant permanent ramp is readily achievable, barrier-removal obligations may require the business to address the entrance.

If construction is not readily achievable because of substantial structural, spatial or financial constraints, alternative methods of providing access may need to be considered.

For detailed dimensions and design considerations, see Parkbench Architects’ guide to ADA ramps in NYC.

What Happens If Physical Barrier Removal Is Not Readily Achievable?

An owner or business cannot always stop at “we can’t install a ramp.”

When physical barrier removal is not readily achievable, Title III can require a public accommodation to offer its goods or services through an alternative method, when that alternative itself is readily achievable.

DOJ gives examples such as providing curbside or takeout service when an inaccessible restaurant entrance cannot reasonably be modified.

Other situations could involve staff retrieving merchandise that cannot be reached along an accessible route.

The important distinction is that alternative service is generally a fallback where removing the physical barrier is not readily achievable. It should not automatically be treated as a permanent substitute for an accessible facility when physical accessibility can reasonably be provided.

Renovations Change the ADA Analysis

This is where many owners of older NYC buildings get caught off guard.

A building might have existed for 80 years with a particular inaccessible condition. Once significant alteration work begins, new accessibility obligations can be triggered.

Under Title III, when an alteration affects the usability of a facility, the altered portion generally must be made accessible to the maximum extent feasible.

An alteration can include considerably more than constructing a new addition.

Depending on the work, remodeling a restaurant, reconstructing sales areas, modifying doors, replacing certain fixtures or substantially changing an interior layout can implicate accessibility requirements.

This is one reason accessibility should be evaluated before a renovation budget and floor plan are finalized.

Parkbench Architects’ guide to Local Laws vs. NYC Codes explains why existing NYC projects frequently require analysis of multiple overlapping regulatory requirements rather than simply determining which code was in effect when the building was originally constructed.

What Does “Maximum Extent Feasible” Mean?

Existing buildings sometimes contain physical conditions that make complete compliance extraordinarily difficult.

Federal regulations recognize this through the concept of compliance to the maximum extent feasible during alterations.

But “maximum extent feasible” does not simply mean that compliance is inconvenient or expensive.

DOJ describes the exception as applying to the unusual case in which the nature of an existing facility makes complete compliance virtually impossible. Even then, altered features that can be made accessible are still expected to be made accessible.

For example, an existing load-bearing structural configuration might create a genuine physical constraint that prevents a particular clearance from being achieved without reconstructing a major portion of the building.

That is very different from deciding that moving a partition would simply increase the project cost.

A project-specific code and accessibility analysis is therefore important before relying on technical infeasibility.

Altering a “Primary Function Area” Can Trigger More Work

The accessibility obligation may also extend beyond the room being renovated.

Under federal ADA regulations, an alteration affecting an area containing a primary function can trigger an obligation to provide an accessible path of travel to that area, along with accessibility improvements to certain supporting facilities serving it.

A primary function is the major activity for which the facility exists.

Examples given by DOJ include:

• a bank’s customer-service lobby;
• a cafeteria dining area;
• conference-center meeting rooms;
• offices; and
• other work areas where the facility’s primary activities occur.

The accessible path of travel can include:

• exterior approaches;
• entrances;
• hallways and corridors;
• ramps;
• elevators;
• lifts;
• accessible routes through interior spaces; and
• restrooms, drinking fountains and certain other supporting elements serving the altered area.

So renovating the dining room of an old restaurant, for example, can raise accessibility questions extending beyond the new tables and finishes.

The 20% Rule: What It Actually Means

Another frequently misunderstood accessibility rule is the 20% disproportionality threshold.

For ADA alterations affecting a primary-function area, improvements to the path of travel are considered disproportionate when their cost exceeds 20% of the cost of the alteration to the primary-function area.

That does not mean: “A business only has to spend 20% of its renovation budget on ADA compliance.”

The rule is much narrower.

It addresses certain additional path-of-travel obligations associated with an alteration to a primary-function area.

The altered area itself still has accessibility requirements.

And if achieving a fully accessible path of travel would exceed the 20% threshold, the entity is still expected to improve accessibility to the extent possible without crossing the disproportionate-cost threshold. Federal regulations establish an order of priority beginning with the accessible entrance and route to the altered area.

NYC Building Code Chapter 11 contains a related primary-function rule: when an alteration affects accessibility to or contains a primary-function area, an accessible route is required, with the cost of that route generally not required to exceed 20% of the value of the alterations affecting the primary-function area.

Because the federal and NYC provisions are separate requirements, owners should not treat the percentage as a universal ADA “cap.”

Does NYC Building Code Require Older Buildings to Become Accessible?

Potentially, particularly when they are altered or their use changes.

NYC’s 2022 Building Code contains specific Chapter 11 provisions addressing accessibility in prior-code buildings. DOB’s accessibility materials specifically identify provisions dealing with changes of occupancy or how a space is used, accessible routes, entrances, dwelling units, seating and other features.

The important point for an owner is that the applicable requirements can change when work is undertaken.

For commercial alterations, NYC DOB specifically identifies compliance with Building Code Chapter 11 as part of the design-professional requirements.

As of August 2026, alterations to existing NYC buildings continue to be regulated under the Administrative Code and the 2022 Construction Codes. NYC has enacted a new Existing Building Code, but DOB states that it will become effective on July 17, 2027.

That upcoming change makes early code analysis particularly important for projects whose design or filing schedule may extend into 2027.

A DOB Waiver Does Not Waive the Federal ADA

This distinction deserves special emphasis.

New York City provides certain mechanisms through which accessibility requirements under the NYC Building Code may be waived in qualifying existing-building situations.

But a local Building Code waiver is not the same thing as an exemption from the ADA.

NYC’s own small-business guidance states that for qualifying older buildings a business may seek a recommendation regarding a DOB Chapter 11 waiver, while also expressly warning that there is no corresponding waiver process for federal ADA civil-rights obligations or the relevant state and city civil-rights laws.

This produces a situation that can surprise property owners:

A proposed alteration might receive a local code waiver from DOB, yet the property or business could still have obligations under the ADA.

Building permit approval therefore should not be treated as conclusive proof of federal ADA compliance.

That is one reason Parkbench Architects recommends understanding the distinction between local regulation and code requirements when planning NYC alterations. See Local Laws vs. NYC Codes: What You Need to Know.

What About Historic and Landmarked Buildings?

Historic status does not create an automatic ADA exemption either.

The federal ADA contains special rules for alterations to qualified historic properties. Alterations generally must provide accessibility to the maximum extent feasible. Where following ordinary accessibility standards would threaten or destroy the historical significance of a building or significant architectural feature, special historic provisions or alternative methods of access may be considered.

That distinction is especially important in New York City.

A building may simultaneously be:

• subject to ADA accessibility obligations;
• regulated by DOB;
• designated as an individual NYC landmark; and
• subject to Landmarks Preservation Commission review.

For example, creating an accessible entrance could require changing historic stairs, doors, railings, masonry, or other protected façade elements.

That means accessibility and historic preservation need to be coordinated rather than treating one as an automatic exemption from the other.

NYC itself warns businesses that accessibility laws continue to apply even in landmark buildings.

Parkbench Architects provides a detailed overview of the additional approval process in Navigating NYC’s Landmarks Preservation Process. Exterior alterations to a landmark or building within a historic district can require LPC approval in addition to DOB permitting. 

Do Old Apartment Buildings Have to Be ADA-Compliant?

This question requires another important distinction.

The ADA is not the only accessibility law governing housing.

Ordinary private residential apartments are generally not treated in exactly the same way as restaurants, stores and other Title III places of public accommodation.

However, residential properties can be subject to the Fair Housing Act, New York State and City laws, Building Code requirements, and potentially Section 504 where federal financial assistance is involved.

The federal Fair Housing Act requires housing providers to make reasonable policy accommodations and generally permits residents with disabilities to make reasonable accessibility modifications under applicable circumstances. It also establishes accessibility design and construction requirements for covered multifamily housing.

Covered multifamily housing built for first occupancy after March 13, 1991 is subject to specific Fair Housing Act design and construction requirements.

ADA Can Still Apply to Portions of a Residential Building

A residential property can also contain a place of public accommodation.

For example:

• a doctor’s office on the ground floor;
• a retail store;
• a public-facing leasing office;
• a restaurant;
• a private school; or
• another public business.

DOJ explains that even a private residence can fall within Title III to the extent that part of it is used as a qualifying place of public accommodation.

Therefore, the question is not simply whether the overall building is “residential.” The use of the specific space matters.

What About Old NYC Restaurants?

Restaurants are among the clearest examples of why building age does not eliminate accessibility obligations.

A restaurant is a Title III place of public accommodation.

Older NYC restaurants frequently present accessibility challenges such as:

• one or more steps at the entrance;
• narrow storefront doors;
• cramped vestibules;
• raised dining areas;
• narrow circulation between tables;
• downstairs restrooms;
• inaccessible toilet rooms;
• high bar counters;
• level changes between dining areas; and
• basement-only amenities.

The correct solution depends heavily on the existing building.

Sometimes relatively modest changes can produce meaningful accessibility improvements. In other cases, significant structural or spatial constraints require a more detailed analysis of what is technically feasible and readily achievable.

This is also why accessibility should be studied before signing a commercial lease. NYC’s official small-business guidance specifically recommends reviewing leases to understand which party has been assigned responsibility for exterior and interior accessibility work.

For owners or restaurateurs planning work, Parkbench Architects’ step-by-step guide to opening a restaurant in NYC discusses accessibility as part of the broader permitting and build-out process.

Dining Areas Must Also Be Considered

Getting through the entrance is only the beginning.

For restaurants and other food-service establishments, customers with disabilities need access to dining areas, service areas and other required facilities. DOJ’s guidance specifically discusses accessible routes to dining areas, service counters, food-service lines and public restrooms.

Parkbench Architects’ guide to ADA seating requirements in NYC commercial spaces covers accessible tables and seating considerations in more detail.

The important design principle is that ADA compliance should be evaluated as a continuous customer experience:

sidewalk → entrance → circulation → service area → seating → restroom → exit.

Fixing one isolated component does not necessarily make the route accessible.

Who Is Responsible: The Building Owner or the Tenant?

From a federal ADA perspective, owners should be careful about assuming that accessibility is solely the tenant’s responsibility—or vice versa.

DOJ states that when a leased property contains a place of public accommodation, both the landlord and tenant can have Title III responsibilities. A lease can allocate responsibility between them contractually, but that private allocation does not necessarily eliminate their obligations to third parties under federal law.

This makes accessibility due diligence particularly important before signing a NYC commercial lease.

A tenant should understand:

• whether the entrance is accessible;
• whether landlord approval is required for exterior modifications;
• who is responsible for DOB filing;
• who pays for required accessibility work;
• whether LPC approval is involved;
• whether structural modifications are permitted;
• whether common building areas are controlled by the landlord; and
• whether prior accessibility complaints or litigation exist.

A cheap storefront can become considerably less inexpensive if an accessibility issue is discovered after a lease has been executed.

Does a Previous ADA-Compliant Condition Have to Be Upgraded Every Time Standards Change?

Not necessarily.

The ADA includes a safe harbor for certain existing elements that complied with the 1991 ADA Standards.

Generally, an existing element that satisfied the applicable 1991 Standards is not required to be modified merely because the 2010 Standards introduced an incremental difference, unless that element is subsequently altered.

However, the safe harbor does not apply to every requirement. DOJ identifies certain elements first addressed by the 2010 Standards—such as some recreational facilities—that do not receive the same protection.

This is another reason “old building” is too broad a category.

An element might be:

• genuinely grandfathered under a specific ADA safe-harbor provision;
• subject to readily achievable barrier removal;
• required to comply because it is being altered; or
• subject to an entirely different requirement introduced after 1991.

A professional assessment should identify which situation applies.

Common ADA Misconceptions About Older Buildings

“The building existed before 1990, so ADA doesn’t apply.”

Incorrect for businesses that are places of public accommodation. DOJ specifically states that building age does not provide a general ADA exemption.

“DOB approved the building, so it’s ADA-compliant.”

Not necessarily.

NYC Building Code compliance and ADA civil-rights compliance are separate obligations. NYC itself advises businesses that different federal, state and city accessibility requirements may all apply.

“We aren’t renovating, so we don’t have to do anything.”

Not necessarily.

A public accommodation in an existing building can have an ongoing obligation to remove barriers when removal is readily achievable even if no major renovation is planned.

“If accessibility is expensive, we don’t have to comply.”

Too simplistic.

Cost is relevant to whether existing-building barrier removal is readily achievable, but the regulations consider several factors rather than establishing a universal cost exemption.

“A landmark designation exempts us.”

No.

Historic properties receive special treatment, but accessibility still must generally be provided to the maximum extent feasible.

“Our lease says the tenant handles ADA, so the owner can’t be responsible.”

Not necessarily.

The lease can allocate responsibility between landlord and tenant, but federal law can still impose obligations on both parties with respect to a place of public accommodation.

ADA Checklist Before Renovating an Older NYC Building

Before beginning a renovation, owners and tenants should evaluate at least the following:

• Determine the building and space use. Is it a public accommodation, commercial facility, residence, government facility or mixed-use property?
• Identify the applicable accessibility laws. Federal ADA, NYC Building Code, New York State requirements, Fair Housing Act and other laws may overlap.
• Survey existing accessibility barriers. Entrances, routes, stairs, doors, bathrooms, counters, seating and elevators should all be considered.
• Determine whether existing barriers can be removed readily.
• Identify every element being altered. Alterations can trigger stricter accessibility standards than simply continuing to use an existing condition.
• Determine whether a primary-function area is affected.
• Evaluate the accessible path of travel.
• Check whether the project affects a landmark or historic district.
• Review the lease. Confirm responsibility for accessibility work between tenant and landlord.
• Coordinate DOB filing requirements before construction begins.
• Document existing conditions and accessibility decisions.
• Plan for future improvements. Barrier removal obligations can change as conditions and resources change.

For permitted work, your architect will also need to determine the correct project and filing approach. Parkbench Architects’ guide to filing NYC projects through DOB NOW: Build provides an overview of the City’s electronic review and permitting process.

Frequently Asked Questions

Are buildings constructed before 1990 exempt from ADA?

No. There is no general federal exemption simply because a building was constructed before the ADA became law. Places of public accommodation in existing buildings generally have obligations to remove architectural barriers when doing so is readily achievable.

Does an old business have to fully renovate the entire building for ADA compliance?

Not automatically. Existing public accommodations are generally subject to the readily achievable barrier-removal standard. More extensive compliance requirements can be triggered when the facility is altered.

Does renovating an old building trigger ADA requirements?

It can. Altered elements generally must comply with applicable accessibility requirements to the maximum extent feasible, and alterations to primary-function areas can trigger accessible path-of-travel requirements.

What is the ADA 20% rule for renovations?

When an alteration affects a primary-function area, the additional cost of making the path of travel accessible is considered disproportionate when it exceeds 20% of the cost of the alteration to the primary-function area. This is not a general cap on all ADA compliance costs.

Are old NYC restaurants exempt from ADA?

No. Restaurants are places of public accommodation covered by Title III, regardless of the age of the building. Existing-building barrier-removal and alteration requirements must then be evaluated based on the particular conditions.

Are old apartment buildings required to be ADA-compliant?

Private residential buildings require a more nuanced analysis because ordinary dwellings are principally governed by laws including the Fair Housing Act and applicable state and local accessibility requirements rather than treating every apartment as a Title III public accommodation. Public-facing businesses or facilities within a residential building can nevertheless be subject to the ADA.

Are landmark buildings exempt?

No. Historic buildings have special accessibility provisions, but ADA requirements generally still apply to the maximum extent feasible.

Can NYC DOB waive ADA requirements?

DOB can address waivers from qualifying NYC Building Code accessibility provisions, but it cannot waive federal ADA civil-rights obligations. NYC’s own guidance explicitly warns businesses about this distinction.

Does the landlord or tenant pay for ADA upgrades?

That often depends on the lease, but from the federal ADA perspective both a landlord and tenant can have responsibility for a place of public accommodation. A lease can allocate costs and duties between the parties but does not necessarily eliminate liability to third parties.

Older Buildings Are Not Automatically Exempt From Accessibility Requirements

The simplest way to think about ADA compliance in an older New York building is this:

Age affects how accessibility requirements may be applied, but age alone does not eliminate them.

An existing business may need to remove barriers when removal is readily achievable. Renovations can trigger more stringent requirements for the portions being altered. Work affecting a primary-function area can create additional path-of-travel obligations. Historic buildings receive special consideration, but not blanket immunity. And NYC Building Code requirements operate alongside—not in place of—the federal ADA.

For property owners and tenants, the best time to investigate these issues is before purchasing a property, signing a lease or finalizing renovation plans.

Accessibility can influence entrance design, floor elevations, doors, circulation, bathrooms, counters, seating, lifts, ramps and even the fundamental viability of a proposed use.

An architect familiar with existing NYC buildings can review the conditions, determine which local building-code provisions apply, coordinate permitting, and help integrate accessibility into the broader design rather than treating it as a last-minute correction.

Parkbench Architects works with existing residential, retail, restaurant and commercial properties in New York. Explore the firm’s architectural work and project experience or contact Parkbench Architects to discuss accessibility, renovation and permitting requirements for a specific building.

This article provides general architectural and regulatory information. ADA applicability can be fact-specific, and federal civil-rights obligations are legal requirements separate from building-code review. Project-specific questions should be reviewed with the appropriate architect, accessibility professional and, where necessary, legal counsel.