47. Threshold for Requiring Changes under Disability Laws

Disability laws should require all new and (during the next major remodeling) existing commercial and residential structures to be changed to accommodate those with disabilities only if the proposed changes would significantly benefit more than one percent of the total affected population or if a current occupant needs the accommodation and if the expense of compliance is within reason in relation to the benefit provided. (The total affected population is defined as the total potential population that is most likely to purchase, rent or otherwise significantly use the facility.)

Tenants could be required to pay for any compliance changes, and the owner could choose who makes those changes, but the tenant should not be responsible for paying more than the average bid for the necessary work to be performed. The property owner would be required to pay the rest.

Existing commercial and residential structures should not be required to comply with disability laws as a prerequisite to the sale of that structure.

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