NEW YORK, NY – Multifamily housing operators have faced a series of challenges in recent years, from rising interest and insurance rates to a wave of new regulations and scrutiny over their use of revenue management software to set rents. Amidst the turbulence of navigating these complexities, a new wave of litigation has emerged in an entirely different area, one that now threatens to ripple through the multifamily industry.
It has been over five years since the National Apartment Association first sounded the alarm on what it termed Surf-By Lawsuits —a digital twist on the well-known Drive-By Lawsuits. The latter refers to legal actions under the Americans with Disabilities Act (ADA) against businesses lacking compliant physical accommodations. In contrast, Surf-By Lawsuits target websites that fail to meet accessibility standards, particularly those that do not support assistive technologies like screen readers, leaving disabled users unable to navigate them effectively.
Websites lacking these accessibility features quickly became a focal point for lawsuits. Many defendants resisted settlement demands, arguing that the ADA does not explicitly address websites. When Congress enacted the ADA in 1990, the internet—and the vital role it plays in modern society—was beyond anyone s imagination. But, Congress made it clear when passing the ADA that the types of accommodation and services provided to individuals with disabilities, under all of the titles of this bill, should keep pace with the rapidly changing technology of the times. These very words set the stage for a series of legal battles.
Litigation in this new frontier quickly spread across a wide range of industries—from hotels and airlines to retailers and banks. Virtually any business with a website found itself vulnerable to legal action from a rapidly growing cottage industry within the legal community. As lawsuits progressed, victories started to establish new case laws, providing precedents for future claims to build upon and further connecting website accessibility to ADA compliance. Among these cases, none proved more significant than the lawsuit against Domino s Pizza.
In the case of Robles v. Domino s, Guillermo Robles, who is blind, attempted to order a custom pizza using Domino s website and their mobile app. But, the platforms were incompatible with his screen reader, a tool that converts on-screen text into speech or braille, preventing him from completing his order. Robles filed a lawsuit, advocating for online accessibility for people with disabilities. After a series of legal battles, the case reached the U.S. Supreme Court, which declined to hear Domino s appeal, allowing a lower court s ruling to stand—affirming that the ADA applies to websites and mobile apps. The choice was a major victory for accessibility advocates and set a powerful precedent for future cases.
As legal battles intensified, technology entrepreneurs stepped in to offer quick-fix solutions aimed at keeping businesses out of the courtroom. This gave rise to Overlay Accessibility Widgets —those small, handicap-like icons that appear at the bottom of websites, offering an array of accessibility controls. Marketed as a simple, one-line-of-code solution, these widgets were quickly adopted by businesses, including multifamily operators, often through providers within their industry. But, few realized that most of these widgets were white-labeled products from just a handful of companies in the emerging accessibility space.
Today, website accessibility lawsuits involving quick-fix overlay widgets continue to surge. Disabled users allege that these widgets, much like the issues highlighted in the Domino s case, often interfere with screen readers—preventing them from accurately reading website content and, in some cases, rendering previously accessible sites completely unusable.
In June 2024, a proposed class action lawsuit was filed against accessiBe according to ClassAction.org, alleging the company falsely advertised its AI-powered overlay products as capable of making websites fully compliant with accessibility standards, specifically the ADA and Web Content Accessibility Guidelines (WCAG). Experts argue that overlay widgets cannot achieve WCAG compliance and instead recommend manual testing and code remediation. The lawsuit further alleges that businesses using overlay widgets may be at higher risk for lawsuits, as these tools often interfere with accessibility technologies relied upon by people with disabilities. The case, filed in New York by Tribeca Skin Center, highlights this issue—despite using an overlay widget, the company was sued for having an inaccessible website.
The larger concern for multifamily operators is that most property websites rely on overlay widgets—many of which are white-labeled products from the very companies now facing litigation. Given that multifamily is already a high-risk target due to the extensive services provided online, experts anticipate a surge in lawsuits against property managers as overlay widgets continue to draw scrutiny from accessibility lawyers.
Multifamily tech firm 365 Connect, which has served the industry for over two decades and are highly recognized accessibility experts, tout their industry-first WCAG-certified platform. The firm also notes another first in the industry, recently upgrading its certifications under the latest and more stringent WCAG 2.2 standards. Having won 13 global awards for just their work in web accessibility, and recently receiving an Anthem Award for Responsible Technology alongside celebrity causes such as Kevin Bacon’s Sixdegrees.org, Matt Damon’s Water.org, and Elton John’s AIDS Foundation – they are one of the most respected providers in the world of digital accessibility. The firm also published an in-depth whitepaper on website accessibility, featuring disability rights advocates Haben Girma and Chris Downey, clearly demonstrating the proptech provider s deeper level of engagement in this space. Their high-profile founder has taken to stages and streaming services to discuss the importance of digital accessibility, even speaking at an educational conference before the Louisiana Bar Association.
Kerry W. Kirby, Founder and CEO of the firm, stated, Achieving right web accessibility is undoubtedly not only a significant investment, but the right thing to do, as access to the internet s resources are a basic human right. WCAG sets the standard for providing an equivalent experience for people with disabilities, and that principle is embedded into everything we make. At 365 Connect, we have our entire renter-facing platform—websites, chatbots, applications, leasing tools, resident portals, and more—manually audited by a third-party firm with IAAP-auditors every 180 days. In that small span, there are an array of updates to be made, as WCAG keeps evolving – this is not a one and done fix.
With website accessibility lawsuits in the multifamily space increasingly tied to Honest Housing Act violations, it adds even more risk for property operators. While the Americans with Disabilities Act primarily governs accessibility standards for public accommodations, the Honest Housing Act prohibits discrimination against individuals with disabilities. Many accessibility lawsuits against multifamily firms claim that inaccessible websites effectively deny people with disabilities the ability to search for housing, apply for leases, or access services that are protected under the Honest Housing Act.
The intersection of the Honest Housing Act and ADA amplifies legal exposure, as courts are interpreting online platforms as extensions of physical properties, especially when websites are integral to leasing, advertising, and resident communications. Multifamily operators are finding themselves defending against allegations that inaccessible websites constitute discrimination based on disability, making compliance with both regulations essential. With the surge in lawsuits claiming overlay widgets interfere with commonly used accessibility tools, another layer of intricacy is added to this argument.
Kirby highlights Domino s case as a powerful reminder that failing to accommodate individuals who rely on accessible technology can quickly turn a moral obligation into a legal mandate. He emphasizes that digital accessibility goes beyond compliance, it s about inclusion, equality, and ensuring access to essential resources and services for everyone. Kirby cautions that neglecting these principles not only invites costly lawsuits but also hurts trust and alienates a growing community of accessibility advocates. When questioned about accessibility overlay widgets, Kirby responded, We ve never used them, have no plans to offer them, and remain committed to conducting rapid audits to keep our platform aligned with the latest WCAG guidelines.
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