Americans with Disabilities Act Title III Regulations Part 36 Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities (current as of January 17, 2017) § 36.104 Definitions [...] Place of public accommodation means a facility operated by a private entity whose operations affect commerce and fall within at least one of the following categories – (1) Place of lodging, except for an establishment located within a facility that contains not more than five rooms for rent or hire and that actually is occupied by the proprietor of the establishment as the residence of the proprietor. For purposes of this part, a facility is a "place of lodging" if it is – (i) An inn, hotel, or motel; or (ii) A facility that – (A) Provides guest rooms for sleeping for stays that primarily are short-term in nature (generally 30 days or less) where the occupant does not have the right to return to a specific room or unit after the conclusion of his or her stay; and (B) Provides guest rooms under conditions and with amenities similar to a hotel, motel, or inn, including the following – (1) On- or off-site management and reservations service; (2) Rooms available on a walk-up or call-in basis; (3) Availability of housekeeping or linen service; and (4) Acceptance of reservations for a guest room type without guaranteeing a particular unit or room until check-in, and without a prior lease or security deposit. (2) A restaurant, bar, or other establishment serving food or drink; (3) A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment; (4) An auditorium, convention center, lecture hall, or other place of public gathering; (5) A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment; (6) A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment; (7) A terminal, depot, or other station used for specified public transportation; (8) A museum, library, gallery, or other place of public display or collection; (9) A park, zoo, amusement park, or other place of recreation; (10) A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education; (11) A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and (12) A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation. — James on Seen & Heard: An Important Notice for Local Businesses

ADA is essentially a civil rights law that is enforced by private or federal government litigation. No one is grandfathered or exempt from providing access to a public accommodation. One would have to argue that changing the old steps or providing alternative access is not "readily achievable" or would destroy historic features of a building. — James on Seen & Heard: An Important Notice for Local Businesses

Aren’t old entrance steps from decades ago grandfathered in? That is, they are legal unless making an alteration. — J on Seen & Heard: An Important Notice for Local Businesses

Re: ADA issues for retailers This is very useful information for small businesses to know. I would add a couple of detailed comments. There is a legitimate need to provide barrier-free access for the disabled, but it has been opened up for abuse. 1. Negotiate legal fees from a position of strength: When the ADA law was written, the politicians (mostly lawyers) figured they would minimize legalized abuse of retailers by limiting the lawsuits to improving access and allowing only nominal amounts that plaintiffs could collect as money damages. However the same politicians (again, mostly lawyers) reasoned it was unfair to put any limit on the reimbursement of the plaintiff's legal fees. That is why and how the shady lawyers can and do enlist plaintiffs to sue multiple businesses; the lawyers allegedly kick back some of the legal fees settlement to the plaintiffs. If you are sued and are the victim of one of these scams, your lawyer should quickly pull every case from the federal courts' database where the plaintiff's lawyer--either with the same plaintiff or otherwise--sued a retailer. You will find that the filings are all identical, cut-and-paste jobs where only the names, dates, locations, and observations are changed. (Some lawyers file many cases against many stores all on the same day, in an unjustifiably short time period.) Thus, when plaintiff's lawyer demands reimbursement of thousands of dollars in legal fees, you can argue that the lawyer and/or client is a scammer (a "vexatious litigant") who sues repeatedly and spent maybe a few hundred dollars at most on your case to quickly fill in a template that he or she has used over and over again in previous cases. These lawyers want to make a quick settlement and run. They really do not want to actually conduct discovery and a trial. 2. Take responsibility for the inside of your premises. Retail and restaurant tenants are certainly responsible for the interior layouts of and the sales fixtures in their stores. Plaintiffs have no problem simultaneously arguing (i) that they could not enter your store and (ii) nevertheless plaintiff observed non-ADA-compliant conditions inside your store (despite not being able to enter your store) perhaps through a window. These interior conditions include but are not limited to: * use of accessible door hardware (levers, not knobs, for example) * width of aisles, paths, and door frames * location and height of merchandise and shelves and display racks and tables and chairs and other furniture * location and height of sales counters * type and nature of flooring surface * training of store personnel in ADA issues * compliance of handicap restroom (for most restaurants with 20 seats or more) including: grab bars, wider toilet partitions, insulating lavatory pipes under sinks to prevent burns, raised toilet seat, accessible (lever) faucet handles, full-length bathroom mirror, accessible paper towel dispenser, etc. 3. Do not wait for (or expect much from) your landlord. If there is any easy way for your landlord to help comply, they might. If you expect your landlord to do any construction in the absence of a lawsuit, that is doubtful. 4. Think carefully about relying on your liability insurance, i.e., nothing is for free. Insurance carriers do nothing for free. If you give them the case to defend, they will usually accept the defense, as the duty to defend is a broad one. However, the insurance carrier will keep track of the cost of the defense and any settlement payout or award of damages. Then when your annual policy comes up for renewal, they will likely raise your premium to earn back their costs. 5. Do not think that Landmark status or building age will shield you from responsibility for providing "barrier-free access". The ADA law makes one responsible for providing access that is "readily achievable," that is "easily accomplishable and able to be carried out without much difficulty or expense." What this means is always up for debate between litigants and lawyers. One defense against a permanent alteration for a Landmark building (or in a Landmarked district) would be to argue that to add a ramp, for example, would threaten or destroy the historic or architectural significance of the building. However, Landmarks routinely grants permits to add ramps and lifts, etc. The Building Code provides that buildings built prior to 1970 may build a ramp on the sidewalk even if it extends up to 44 inches from the building line. It may not be a winning defense to argue that a ramp would not strictly comply with ADA regulations (too steep, etc.), if it were feasible to install and would otherwise improve access to the premises. If restoration or other work has been done on the storefront or on the access to the store since the ADA law was enacted (as per photographs or filings with Landmarks or Buildings Department), then one will have an even harder time arguing that Landmark or historic status makes removing barriers to access not readily achievable. Finally, remember that Landmark status generally applies to the exterior of buildings. It will not necessarily exempt one from needing to remove barriers to access inside a retail store or restaurant. 6. There are other accommodations that are also not permanent constructions, aside from temporary ramps. * Provide for home delivery service; * Provide signage that sales clerks will retrieve inaccessible merchandise upon request; * Provide wireless, handheld devices for sales clerks to come out from behind the sales counter to ring up customers' purchases, process credit card payments, print sales receipts, etc. * Provide partial accessibility in a store or restaurant. Note also that, instead of a phone number, one can mount a wireless doorbell next to a handicap sign (with the receiver mounted to ring inside the store). — James on Seen & Heard: An Important Notice for Local Businesses

I'm also kind of a sucker for certain small, anecdotal details like the notes on VIPs' special requests. People like Audrey Hepburn and Mme. Bogart [slash] Robards, [ http://tinyurl.com/ycvg7hry ] — David G. Imber on Seen & Heard: An Important Notice for Local Businesses

It's true that one doesn't get much of a sense of the original building at the Vuitton show. It was once a huge, functional (somewhat dreary) pastiche [ http://tinyurl.com/yaffkgmd ]. What impressed me was the transformation. True also about the small, weirdly speedy escalators... — David G. Imber on Seen & Heard: An Important Notice for Local Businesses

Does ADA apply to a home office (not a "professional office", i.e. not open to the general public)? I only invite selected colleagues and clients there. No employees; it's a single-member LLC (I am the sole member). (Also it's a landmarked building) — Marcus on Seen & Heard: An Important Notice for Local Businesses

The privately owned alley called “franklin place”. Many great movie scenes were filmed here, such as men in black! — D.M on Where in Tribeca…?

Thanks for this. I've been anxious for the unveiling too. Looks pretty stunning so far. — Susan Preich on First Glimpse of the Unhistoric Townhouse

Yes! I love that greenmarket. Great for a lunchtime produce run. — Susan Preich on Seen & Heard: “A Few More Weeks” for Tetsu

By the way the “Harrison” is on menu — Native on Dahlia’s Has Changed Its Name Again

This is located between the beginning of Franklin Place and Franklin Street. Keep them coming, best regards, Sonia F. Stock — Sonia F. Stock on Where in Tribeca…?

As a security they should know the area in and out BPC is a beautiful community!! The problem is they do need to have guards that make arrests and take there job seriously.People get jobs for the wrong reasons main thing you have to learn when to use discretion to certain situations.I loved working there!!! Now they are a Family!! BPC Love — Leslie Baldwin on In the News: More Ineptitude from Battery Park City Security Guards

Afraid not, although there may be something similar in that location. — Erik Torkells on Where in Tribeca…?

Vestry Street south side, east of Greenwich — Andrea on Where in Tribeca…?

From The New York Times, April 2012 "Lofty Perches Whose Only Luxury Was the View" " [...] Until penthouse living became popular in the 1920s, extra staff rooms were often found at a building’s highest reaches. Explanations from historians include a reluctance to put wealthy buyers next to rooftop laundry facilities and a distaste for views of puffing chimneys and water towers. "But many of those staff rooms had views of other things, too. Like Central Park. At the Dakota, on 72nd Street and Central Park West, for example, the windows are much smaller on the top two floors, which were built for the staff. But even through those relatively small windows, the long and wide views of Central Park can take the air out of your lungs. "Of the several dozen staff rooms originally built at the Dakota, only a fraction remain. The rest have been combined to make larger apartments, as has happened with most servants’ quarters around the city. These composite apartments can have great views, but the spaces tend to lack the flourish and grandeur of apartments on lower floors, because the raw ingredients were so very bare. "Staff rooms were built only a few feet across, with just enough space for a single bed against the wall and a tiny sink in the corner. They had no kitchens — their occupants would presumably have eaten in the boss’s apartment with the other staff members, said Andrew S. Dolkart, the director of Columbia University’s historic preservation program. The bathrooms, often shared by occupants of a dozen rooms, were down the hall. In most cases, they were accessible only by riding the freight elevator or hoofing it up the stairs. "Today, the few new buildings that offer staff accommodations go about it a little differently. At 15 Central Park West, which opened in 2008, there are two dozen “staff suites,” as they are called in broker parlance. They are on low floors at the back of the building, and though they do not have park views, they lack for little else. "'Anywhere else, they would be luxury studios,' Mr. Burger said. "Brokers estimate that less than 10 percent of the separate servants’ quarters that remain in old buildings are still used as housing — perhaps a nanny here, a child home from college there. Instead, they can be offices, guest rooms or private gyms. Most often, however, they are elaborate storage closets, where junky old skis and off-season sweaters are bathed in sunlight. [...]" https://www.nytimes.com/2012/04/03/nyregion/an-apartment-high-above-5th-avenue-but-without-frills.html — James on Seen & Heard: CrossFit Studio Is Said to Be Closing

"Of course, the concept is hardly a new one. In Manhattan’s Gilded Age, buildings often incorporated smaller accessory apartments (mostly studios for staff) tucked just below the roof. It’s the reason there are so many pronounced cornices among developments from that era. While many of these vintage examples have been swallowed up by surrounding apartments, the strategy is now being revived in luxury conversions and new builds." http://nypost.com/2016/06/17/rich-people-are-buying-secret-luxury-apartments-for-the-help/ — James on Seen & Heard: CrossFit Studio Is Said to Be Closing

This place still screams affordable food and beverage with old school feel. The staff is very nice ! Love the place and people ! First “Prescott’s “ back in the day then “Yaffas” And so on. It’s a great corner spot to hang out ! — Native on Dahlia’s Has Changed Its Name Again

this place is infamous for having old menus online. The Harrison has not been offered for many years, but is still on the website menu. I once spoke to them about this. But the last time I check it had not been fixed. This was 2014. I wonder if they still will have the Harrison or not. Any ideas? — John on Dahlia’s Has Changed Its Name Again

I can't believe this is not open. My husband and I love Bar Masa and was looking forward not to have to go to Columbus Circle. — Alice on In the News: Tetsu Has Been Pushed Back Once Again

I strongly recommend the Louis Vuitton exhibition - went to the press preview today. Whether you're interested in the history of fashion, or how travel influenced design, or just enjoy truly outstanding craftsmanship I think there's lots to see for everyone. LV did an amazing job transforming the building, which I'd never been in, despite living a stone's throw from it for most of my life. And it's free! — David G. Imber on Seen & Heard: Louis Vuitton Exhibition

It tickles me every time to see that Jason Scott is opening across from Steven Alan. — Ellen2 on More Menswear on Franklin

@I’m a Peck Slip Parent Your kids are lucky to have you as a parent! — Maryann on In the News: More Space Promised for Seniors

Re: Delivery bikes totally agree they should stay off the sidewalk. BUT has anyone ever considered finding out who they are delivering FOR? Perhaps contacting their employers and letting them know they act in dangerous ways would send a message. IF the employer cares about their business and their community, these guys might soon be out of a job if they get enough complaints. Would they risk their paycheck to ride on the sidewalk? Also, I’m not a parent but see plenty of TriBeCa kids scooting without helmets. Since this issue remains a problem, perhaps consider one for your child for the time being? — Emailie on Seen & Heard: Tribeca Loft Squatter

Possible Productions and location manager Aidan are definitely Billions. I have had the previous misfortune to experience their "neighborliness" firsthand. — Robert on Seen & Heard: Another Card-Only Establishment