NY State, Kimco Reach Deal on Property Accessibility Regs

NEW HYDE PARK, NY—Locally-based Kimco Realty Corp. and New York State Attorney General Eric T. Schneiderman have reached an agreement whereby the shopping center owner will take steps to ensure accessibility requirements as mandated by federal and state law are met at its 34 properties in New York State.

The agreement reached late last week further requires Kimco to promote Americans with Disabilities Act compliance by large anchor tenants at the shopping centers it owns across New York State. The Attorney General announced a similar agreement on April 8 with Vornado Realty Trust to ensure that individuals with disabilities are provided equal access to parking lots and garages at 20 shopping centers in New York owned by the company.

“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,” Attorney General 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.”

Kimco Realty addressed the agreement in a prepared statement: “The safety and comfort of Kimco's shoppers and patrons are of utmost importance to our company. We fully support the Americans with Disabilities Act and welcome the New York Attorney General's input regarding upgrades to our shopping centers to be fully compliant with this key legislation.

The Attorney General's Office stated it launched an investigation into Kimco after receiving a complaint from an individual in a wheelchair concerning accessibility barriers, which obstructed his access at Kimco-owned shopping centers on Staten Island. After conducting surveys of several of the properties, the office retained an expert to conduct a comprehensive compliance review of Hylan Plaza, a Kimco-owned shopping center on Staten Island. The surveys revealed barriers to access for people with disabilities, including an inadequate number of van-accessible parking spots; accessible parking spaces that were too narrow; and curb cuts in the parking areas that had slopes and cross slopes that were too steep and not flush with the street. In addition to the issues identified in the common areas, several restrooms in anchor tenant stores, as well as pathways through stores to various goods and services, were not accessible.

Under the agreement, Kimco will take steps to directly address the barriers identified by the Attorney General. Kimco will:

• Hire an ADA consultant to survey common areas at its New York shopping centers, including Hylan Plaza, and determine what changes are necessary.

• Take remedial action to ensure that the common areas of each shopping center, including entrances, sidewalks and paths comply with the accessibility standards.

• Develop new policies and procedures to ensure future compliance with ADA requirements.

• Conduct ADA training for its employees.

• Submit any plans for new construction or substantial alterations at its shopping centers for review by qualified ADA compliance experts.

Kimco must also take steps to promote ADA compliance by anchor tenants of its shopping centers by providing notice to those tenants of their obligations under the ADA, reviewing anchor tenants' plans for new construction and substantial alterations to ensure accessibility compliance, and including provisions in anchor tenants' leases requiring compliance with the ADA.

Kimco also agreed to resolve the investigation by paying $90,000 to New York State.