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2019 Multifamily Innovation Digital Magazine

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<strong>Digital</strong><br />

Inclusion<br />

WHAT MULTIFAMILY OPERATORS NEED TO<br />

KNOW ABOUT ADA COMPLIANCE FOR<br />

APARTMENT WEBSITES<br />

BY KERRY KIRBY, FOUNDER & CEO OF 365 CONNECT<br />

IT’S NO SECRET that our society heavily depends<br />

upon the Internet to conduct tasks common to our<br />

daily lives. We are so immersed in its accompanying<br />

social and cultural shifts that it’s become difficult<br />

to imagine life without Google, social media, or<br />

voice technology. However, for the 1 billion people<br />

living with disabilities worldwide, technology has<br />

progressed much more slowly, pointing to larger<br />

accessibility issues.<br />

<strong>Digital</strong> inclusion has become a critical social issue<br />

to the nearly 61 million Americans with disabilities.<br />

Even though the web offers a wealth of resources,<br />

only half of the American population living with a<br />

disability uses the Internet daily. This statistic can<br />

be explained by the fact that 98 percent of websites<br />

do not meet accessibility standards, ultimately<br />

alienating an entire demographic of potential users.<br />

Because users with disabilities cannot utilize technologies<br />

as seamlessly as non-disabled users, the<br />

growing need for digital inclusion is rapidly transforming<br />

how businesses must present their products<br />

and services online.<br />

Though the Americans with Disabilities Act (ADA)<br />

pre-dates the Internet as we know it today, we now<br />

live in an interconnected world, one that is reliant on<br />

the web to deliver information, services, and resources<br />

through multiple online channels. As businesses<br />

and their brick-and-mortar locations become more<br />

digitally dependent on websites to transact business<br />

with both prospective and existing customers, a<br />

strong case has been made for these services to be<br />

accessible to everyone, including individuals with<br />

disabilities.<br />

The Nexus Between Physical Locations<br />

and Websites<br />

The fight for disability rights has been in full motion<br />

for some time, so most of us in the multifamily<br />

space have heard the term “surf-by-lawsuit,” where<br />

there is a legal push to tie ADA compliance into<br />

online services. The number of surf-by-lawsuits has<br />

more than tripled in the last two years, and according<br />

to a current report, website accessibility lawsuits<br />

are now being filed at the rate of 1-per hour. The top<br />

states for litigation are California, New York, Florida,<br />

New Jersey, and Texas, but these lawsuits are occurring<br />

nationwide.<br />

The basis for most surf-by-lawsuits is what is known<br />

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