ADA Frequently Asked Questions
Category: General
Question: #10
Who pays for a reasonable modification, auxiliary aid, or other service?
Answer:
ADA Titles II and III prohibit surcharges on people with disabilities to cover the cost of accessibility measures needed for equal access. This means that state and local governments as well as private entities like businesses and nonprofits covered by the ADA are responsible for the cost of these measures, absent an undue financial or administrative burden.
In some instances, the entity may be able to secure outside funding assistance or tax credits to help cover the cost of providing the modification, aid or service. However, on its own, lack of reimbursement or outside funding is not a sufficient reason to deny a request. In situations where the requested modification, aid or service would result in an undue burden, the entity must consider reasonable alternatives that would meet the disability-related need and allow for equal access.
Resource(s):
- Example: While a deaf person is required to pay general fees and costs associated with their case, the cost of sign language interpreter services may not be assessed as an element of court costs. The lawyer or court system procuring a sign language interpreter retains their responsibility to cover the interpreter cost and may not “charge” the requestor (either directly or indirectly, such as by recouping costs from a client’s settlement) for providing the communication aid.
In some instances, the entity may be able to secure outside funding assistance or tax credits to help cover the cost of providing the modification, aid or service. However, on its own, lack of reimbursement or outside funding is not a sufficient reason to deny a request. In situations where the requested modification, aid or service would result in an undue burden, the entity must consider reasonable alternatives that would meet the disability-related need and allow for equal access.
Resource(s):
