Lawyer Commentary JD Supra United States Five Holiday Season Tips for Retail Landlords - Updated

Five Holiday Season Tips for Retail Landlords - Updated

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The holiday season brings many desirable things to a retail center: a fresh holiday look, a sense of excitement and anticipation, and most importantly — more traffic and customers. Along with these benefits, the holidays also bring some legal and practical challenges for retail owners. The primary goal is to keep your center running smoothly and profitably. Forethought and preparation may avoid not only some coal in your stocking, but perhaps an unanticipated legal problem or lawsuit.

Below are five tips for retail landlords and property managers to consider as the holidays approach:

  1. Giving Thanks for Crowds and Disabled Access Compliance. The holidays normally bring a retail center a marked increase in visitors, which may place a strain on facilities and resources. It also increases the chance that a visitor may encounter a barrier to access in violation of law. Store displays or aisles redesigned or moved to accommodate holiday displays or extra shoppers may impede disabled access. Failure to have policies in place that ensure accessibility during the holiday bustle, and employees trained to properly implement such policies, may invite a claim that impermissible barriers exist. Any such barriers to access may lead to a lawsuit. Drafting and updating the center's access policies, and having counsel or a Certified Access Specialist survey the center to confirm compliance can prevent headaches, complaints and unwelcome lawsuits when the calendar turns to the New Year.
  2. A Menorah Lighting? Holiday Displays. Large and elaborate holiday displays and lighting are now commonplace as retail centers compete for shoppers' attention. Your hundred-foot tall red-nosed reindeer might make Clark Griswold proud, but your local municipality may not agree. Displays that do not comply with local requirements may have to be...

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