Kimco Realty settles ADA allegations brought by N.Y. AG

NEW YORK (Legal Newsline) - New York Attorney General Eric Schneiderman announced an agreement on Thursday with a New Hyde Park-based realty corporation to ensure that people with disabilities have equal access to the company's New York shopping centers.

Kimco Realty Corporation allegedly failed to comply with the Americans with Disabilities Act (ADA) by placing barriers to access for people with disabilities. The barriers allegedly included an inadequate number of van-accessible parking spots, cross slopes that were too deep and not flush with the street, curb cuts in parking areas that had slopes, and accessible parking spaces that were too narrow.

Schneiderman also alleged there were several ADA violations present in Kimco shopping center common areas, restrooms and pathways through stores.

"My office will continue to work tirelessly to ensure that New Yorkers with disabilities can enjoy full and equal access to public accommodations across New York - and as required by law," Schneiderman said. "This agreement stands as an important reminder to all business owners: every one of our citizens is entitled to lead an independent life. I commend Kimco for agreeing to take steps to make their shopping centers more accessible to all New Yorkers."

Under the terms of the agreement, Kimco agreed to comply with the accessibility requirements and design standards set forth by the ADA in all common areas of the centers the company owns. It will also conduct ADA training for its employees and submit any plans for new construction or alteration at its shopping centers for review by qualified ADA compliance experts.

Kimco will also pay $90,000 to the state, as part of the agreement.