Council committees hear bills to help small businesses comply with accessibility laws

A joint hearing of the New York City Council committees on Small Business and Civil and Human Rights examined three bills intended to help small businesses meet federal and local disability-access requirements.

The bills under consideration would: create a city-administered fund to underwrite storefront accessibility projects for qualifying small businesses (Intro 2-82); require the Department of Small Business Services (SBS) to provide training and information on workplace accessibility and inclusion (Intro 6-39); and expand the city—s legal-services program to offer individualized, free legal help through a designated organization for small business tenants on compliance with federal, state and city accessibility laws (Intro 12-60).

Why it matters: Council members and business groups said the combination of building costs, confusing overlapping rules and what some described as predatory litigation leaves many small enterprises unable to afford compliance. Councilmember Julie Menon said the fund proposed in Intro 2-82 would allow a mayoral-designated agency —to create a fund of loans or grants— and would set a timeline of —at most 90 days for applications to be reviewed— and provide —funds of up to $250,000 per storefront to be dispersed.

Administration testimony and data: Joanne Grama Ford, deputy commissioner for policy and external affairs at the New York City Commission on Human Rights (CCHR), described the city—s enforcement and outreach work. —In fiscal year 24, we hosted 375 trainings— and —reached over 10,000 New Yorkers,— she said, adding that the commission filed 116 complaints involving disabilities in that period and facilitated 85 physical-space modifications through pre-complaint interventions. CCHR officials told the committee those pre-complaint interventions typically aim to secure specific remedies such as policy changes, staff trainings or physical modifications and often do not impose monetary penalties.

SBS representatives described existing resources for small businesses, including a refreshed My City Business accessibility web page launched in January with a free online screening tool for digital accessibility and outreach in more than a dozen languages. SBS staff said the agency—s commercial lease assistance program provided free legal help on lease terms and that more than 800 New Yorkers used that service in the last fiscal year. SBS also described city-supported loan programs and partnerships with community lenders; agency testimony said the administration has connected small businesses to roughly $300 million in lending and cited prior city loan efforts such as an $85 million Opportunity Fund that served more than 1,000 businesses.

Predatory litigation and legal help: Committee members repeatedly raised the problem of repeated federal ADA lawsuits against small businesses. "Unfortunately, we've had bad actors who target businesses with frivolous lawsuits," Councilmember Menon said, noting a widely cited example in which one individual had filed more than 100 federal ADA suits since 2018. Witnesses from the Manhattan Chamber of Commerce and individual small-business owners said settlements and attorneys' fees can force quick payouts from businesses that lack resources to litigate. The bills before the committee are designed, in part, to reduce that vulnerability by funding physical accessibility work, expanding training and supplying legal assistance to help businesses identify and correct problems before litigation.

Interagency coordination and limitations: CCHR staff and SBS told the committee they coordinate outreach and trainings with the Mayor's Office for People with Disabilities (MOPD) and other agencies, but both agencies noted limits to city authority. CCHR explained that some barriers—such as entire building configurations or Department of Buildings code requirements—may be outside a small business—s ability to fix, in which case remedies can be more complex. SBS said it does not provide a citywide right to counsel for small businesses facing litigation and that the agency—s legal assistance is generally pre-litigation, focused on lease review, entity formation and other preventive legal services; when litigation occurs, SBS currently refers businesses to pro bono or low-bono providers and community partners.

Public testimony: Members of the public and business groups urged passage of the measures. Jessica Walter of the Manhattan Chamber of Commerce said the chamber —strongly support[s] intros 2-82, 6-39 and 12-60—, describing cases in which business owners faced immediate legal costs related to accessibility complaints. Other public commenters described frustrating experiences trying to secure durable enforcement outcomes after filing complaints.

Next steps: Committee members pressed agencies about operational details and fiscal implications. SBS said it would consult with the Law Department and sister agencies to refine Intro 2-82—s account of how funds would be administered; CCHR said it would continue updating guidance and outreach materials. No formal vote or final action on the bills was recorded at the hearing.

The hearing transcript and written submissions are part of the committee record; committee staff said they would accept additional written testimony to be filed within 72 hours of the hearing.