Unfortunately, that term is hard to define and it creates a risk for storage owners and operators when faced with properties where such barriers exist for disabled customers.
Unfortunately, since all properties are different and the cost associated with the remedies needed for accessibility are different, the question of whether such work is readily achievable is usually analyzed on a case by case basis. Some factors that are included in the consideration include the financial resources of the business using the property, whether the work should be done to create a safe operation, the number of employees working on the property and the effect of the work on the operation of the business.
Again, each of these items might be accomplished easily or, in certain circumstances, may be challenging to accomplish.
Certainly, the work needed to remove barriers to access is not meant to be a burden to the business.
In certain circumstances, the changes to be made may not be able to meet the guidelines provided for in the ADA, but such deviations still enhance the use of the property by the disabled customer. These types of changes are also permitted as long as the deviations do not cause a safety risk to the users.
The next priority would be the interior changes that are needed, such as with the customer counter and, with self storage, the units themselves. Based on the ability of the business to perform these changes, it is often helpful to create an overall accessibility plan and implement the needed work as appropriate.
At the end of the day, the law does not require that changes be made if such work to the property would create an “undue hardship” on the business to perform the needed changes. “Undue hardship”, like the term “readily achievable”, is hard to pin down, but essentially relates to the overall financial impact to the business associated with the changes needed. “Undue hardship” is generally defined as “significant difficulty or expense incurred by a covered entity”. In other words, if the effect on the expenses and resources of the business are too great, the facility could claim that they cannot afford the work needed and could seek an exemption to the ADA requirement. Certainly, the larger the company, the higher the bar will be set to obtain a financial exemption from the ADA requirements.
Pros and Cons of Self Storage SBA Loans vs. Traditional Loans
Decide wisely between SBA and traditional loans for your self-storage business. SBA offers lower down payments, but traditional loans provide lender reliability. Make informed investment choices for your storage facility.