Website accessibility law in New York City

In New York City a disabled user can sue for uncapped compensatory and punitive damages plus attorney's fees, and the city commission can separately fine up to $125,000 ($250,000 if willful); there is no fixed per-violation minimum. On top of that, the federal ADA applies in New York City as everywhere: a business that loses or settles a website accessibility suit pays the plaintiff’s attorney’s fees.

The law

Minimum per violation
None set
Can a person sue for money?
Yes
Attorney's fees under state law
Yes
Other money remedies
  • damages, including punitive damages, plus injunctive relief, § 8-502(a)
  • election of remedies: no court action if the person filed a complaint with the City Commission or State Division of Human Rights, § 8-502(a)–(b)
  • 3-year limitations period, § 8-502(d); complaint must be served on the Commission and Corporation Counsel within 10 days, § 8-502(c)
Civil penalty
up to $125,000, or up to $250,000 if willful, wanton or malicious, imposed by the NYC Commission on Human Rights, § 8-126(a); paid into the city general fund, § 8-127(a)
Websites
Courts have applied New York City law to a website: Andrews v. Blick Art Materials, LLC, 268 F. Supp. 3d 381 (E.D.N.Y. 2017) (NYCHRL's "provider of public accommodation" covers the website).

The federal baseline

ADA Title III gives a private plaintiff no money damages, but a business that loses or settles pays the plaintiff’s attorney’s fees (42 U.S.C. § 12205 (opens in a new tab)). That fee-shifting is what makes a website claim expensive, in New York City and everywhere else.

Lawsuits in New York City

Our lawsuit tracker has indexed 250 federal court records from New York. It’s a sample, not a complete count: it covers dockets that say what they’re about.

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Questions

Can a business in New York City be sued over an inaccessible website?

Yes. The federal ADA applies in every state, and a plaintiff can sue in federal court for an order to fix the site plus attorney's fees. Under New York City law a person can sue the business directly. Courts have applied New York City law to a website: Andrews v. Blick Art Materials, LLC, 268 F. Supp. 3d 381 (E.D.N.Y. 2017) (NYCHRL's "provider of public accommodation" covers the website).

What is the minimum a New York City court awards for a website accessibility violation?

New York City law sets no fixed minimum per violation. In New York City a disabled user can sue for uncapped compensatory and punitive damages plus attorney's fees, and the city commission can separately fine up to $125,000 ($250,000 if willful); there is no fixed per-violation minimum.

Do I pay the plaintiff's lawyer if I lose or settle in New York City?

Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). New York City law also provides for attorney's fees.

Which accessibility standard should a New York City business website meet?

The ADA doesn't name a technical standard for businesses. The Justice Department's 2022 guidance points to the Web Content Accessibility Guidelines (WCAG), and its 2024 rule for state and local governments adopted WCAG 2.1 Level AA.