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[RPPTL LandTen] FW: Substantial Re-write of 1990 ADA Disabilities Law

NB
Neil B. Shoter
Thu, Jun 19, 2008 7:25 PM

See below

Neil B. Shoter
Partner


Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail | Biography | V-Card | Website

Please note our new office address above

-----Original Message-----
From: David Weisman [mailto:David.Weisman@gmlaw.com]
Sent: Thursday, June 19, 2008 3:22 PM
To: Neil B. Shoter
Subject: Substantial Re-write of 1990 ADA Disabilities Law

Neil:

Perhaps you can put this on the list server for everyone.

David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder,  P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Direct Fax 954-343-6942

Richard Epstein 6/19/2008 3:06 PM >>>

On June 6, 2008, the U.S.Department of Justice (DOJ) published its
long-awaited Notice of Proposed Rulemaking (NPRM) to amend its
regulations and the accessibility guidelines/standards under the ADA.
There is some considerable discussion in the NPRM and in the proposed
regulatory amendments regarding timeshares, condo hotels, and "mixed use
hotels."  Additionally, this proposed rule would also impose new
requirements for swimming pools, saunas/steam rooms, exercise rooms,
windows, play areas, and valet parking, among others.
Myrna Maysonet will be preparing a side by side comparison of the
current ADAAG and the proposed changes, along with a comparative
analysis of the ADAAG as it is to be amended and the accessibility
regulations of the Fair Housing Act.
Each of you should advise all clients that own, operate or occupy any
"public accommodation": hotel, motel, resort property, restaurant,
office building, shopping center, retail establishment, service
establishment, etc. that the accessibility rules are likely to soon
change.  For hotels and motels, especially, the changes may be dramatic
and expensive.
Once Myrna has completed the comparative analysis, we will circulate it
so that each of you may provide it, or pertinent excerpts, to your
clients.

Richard W. Epstein, Esq.
Greenspoon Marder, P.A.
Suite 700
100 West Cypress Creek Road
Fort Lauderdale, Florida 33309
Telephone: 954.491.1120
Facsimile: 954.771.9264
Direct Facsimile: 954.343.6958
Email: richard.epstein@gmlaw.com

The information contained in this transmission may be attorney/client
privileged and confidential. It is intended only for the use of the
individual or entity named above. If the reader of this message is not
the
intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited.
If you have received this communication in error, please notify us
immediately by reply e-mail.

Pursuant to Internal Revenue Service guidance, be advised that any
federal
tax advice contained in this written or electronic communication,
including
any attachments or enclosures, is not intended or written to be used and
it
cannot be used by any person or entity for the purpose of (i) avoiding
any
tax penalties that may be imposed by the Internal Revenue Service or any

other U.S. Federal taxing authority or agency or (ii) promoting,
marketing
or recommending to another party any transaction or matter addressed
herein.

"SHUTTS-LAW.COM" made the following annotations.

IRS CIRCULAR 230 NOTICE:  Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law.  If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential.  If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited.  If you have
received this email in error, please notify the sender by
email reply.  Thank you.


---============

See below Neil B. Shoter Partner ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail | Biography | V-Card | Website Please note our new office address above -----Original Message----- From: David Weisman [mailto:David.Weisman@gmlaw.com] Sent: Thursday, June 19, 2008 3:22 PM To: Neil B. Shoter Subject: Substantial Re-write of 1990 ADA Disabilities Law Neil: Perhaps you can put this on the list server for everyone. David Weisman Board Certified Real Estate Lawyer Greenspoon Marder, P.A. Trade Center South, Suite 700 100 West Cypress Creek Road Ft. Lauderdale, FL 33309 Phone 954-491-1120 Direct Fax 954-343-6942 >>> Richard Epstein 6/19/2008 3:06 PM >>> On June 6, 2008, the U.S.Department of Justice (DOJ) published its long-awaited Notice of Proposed Rulemaking (NPRM) to amend its regulations and the accessibility guidelines/standards under the ADA. There is some considerable discussion in the NPRM and in the proposed regulatory amendments regarding timeshares, condo hotels, and "mixed use hotels." Additionally, this proposed rule would also impose new requirements for swimming pools, saunas/steam rooms, exercise rooms, windows, play areas, and valet parking, among others. Myrna Maysonet will be preparing a side by side comparison of the current ADAAG and the proposed changes, along with a comparative analysis of the ADAAG as it is to be amended and the accessibility regulations of the Fair Housing Act. Each of you should advise all clients that own, operate or occupy any "public accommodation": hotel, motel, resort property, restaurant, office building, shopping center, retail establishment, service establishment, etc. that the accessibility rules are likely to soon change. For hotels and motels, especially, the changes may be dramatic and expensive. Once Myrna has completed the comparative analysis, we will circulate it so that each of you may provide it, or pertinent excerpts, to your clients. Richard W. Epstein, Esq. Greenspoon Marder, P.A. Suite 700 100 West Cypress Creek Road Fort Lauderdale, Florida 33309 Telephone: 954.491.1120 Facsimile: 954.771.9264 Direct Facsimile: 954.343.6958 Email: richard.epstein@gmlaw.com The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. "SHUTTS-LAW.COM" made the following annotations. ------------------------------------------------------------------------------ IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. ==============================================================================