A broken elevator in a building where you need it is an ADA violation, but only if certain conditions are met

The Americans with Disabilities Act (ADA) requires buildings to maintain working elevators and other accessibility features. A broken elevator is not automatically a violation—the law depends on what the building is, how long the elevator has been broken, and whether the building has a duty to provide an elevator in the first place. A temporary outage of a few hours is treated differently than an elevator down for weeks. A private apartment building has different obligations than a public office or store. Understanding which rule applies to your situation determines whether you have a claim and what remedy you can pursue.

The core principle is this: if a building is required to have an elevator under the ADA, and that elevator is broken, the building must provide an alternative way for people who cannot use stairs to enter and use the building. If it does not, that is a violation. The building does not have to repair the elevator when ready, but it must act reasonably fast and must offer a workaround in the meantime.

Key Takeaways

  • A broken elevator violates the ADA only if the building was required to have a working elevator in the first place—which depends on the building type and when it was built.
  • The building must either repair the elevator within a reasonable time or provide an alternative accessible route (such as a temporary ramp or staff information) while repairs are underway.
  • A temporary outage lasting hours or a day is usually not a violation; weeks without repair or without any workaround usually is.
  • You can file a complaint with the U.S. Department of Justice Civil Rights Division, your state attorney general, or a local disability rights organization, or you can consult a disability lawyer about a private lawsuit.
  • Damages in an ADA case can include compensation for harm caused by the violation, attorney fees, and in some cases punitive damages, but the amount depends on the facts and the type of building involved.

Which buildings must have working elevators under the ADA

Not every building is required to have an elevator. The ADA applies to public accommodations (stores, offices, restaurants, hospitals, schools, government buildings) and commercial facilities (office buildings, factories). Private homes are not covered. A small apartment building built before 1992 may not be required to have an elevator at all, depending on the state and local law.

If a building was built or substantially renovated after the ADA took effect in 1992, it must have an elevator if it has more than one story and is a public accommodation or commercial facility. If a building is older and was not required to have an elevator when it was built, the ADA does not retroactively require one—but if the building does have an elevator, that elevator must work and be maintained.

The first step is to determine whether the building you are in was required to have an elevator. If it is a store, office, hospital, or government building, almost certainly yes. If it is a residential apartment building, the answer depends on when it was built and your state's rules. A disability lawyer can help you determine this.

How long a broken elevator can stay broken before it becomes a violation

The ADA does not set a specific number of days. Instead, the law requires the building owner to repair the elevator within a reasonable time. What is reasonable depends on the circumstances: the nature of the breakdown, the availability of repair parts, the size and complexity of the building, and whether the owner is taking active steps to fix it.

A few hours or even a day is usually not a violation, especially if the building is actively working on repairs. A week without repair and without any workaround is likely a violation. Two weeks or more is almost certainly a violation unless the building can show it is waiting for a part that is genuinely unavailable or is dealing with an emergency that makes repair impossible.

The key is whether the building is doing something to help people in the meantime. If the elevator is broken but the building offers a temporary ramp, a staff member to information people up the stairs, or access through an alternative entrance with an elevator, the violation is much weaker or may not exist at all. If the building does nothing and straightforward tells people "the elevator is broken, use the stairs," that is a violation.

What counts as a reasonable alternative while repairs are underway

The ADA does not require the building to repair the elevator when ready, but it does require the building to maintain an accessible route into and through the building. While the elevator is being fixed, the building can meet this duty by providing:

  • A temporary ramp (if the building has steps at the entrance)
  • A staff member stationed at the elevator to help people up and down stairs
  • Access through a different entrance that has a working elevator
  • In some cases, temporary relocation of services to an accessible floor

The alternative must actually work. A ramp that is too steep, a staff member who is not always present, or a "different entrance" that is locked or on the other side of the building does not count. The building must make a genuine effort to keep the building usable for people who cannot climb stairs.

How to document the broken elevator and build a record

If you are experiencing a broken elevator that has been out of service for more than a few days with no workaround, start keeping a record. Write down the date you first noticed the elevator was broken, how many days it has been broken, what the building has or has not done to help, and how the broken elevator has affected you (missed work, inability to visit a doctor's office, inability to access your own apartment).

Take photos or video of the broken elevator, the "out of service" sign, and any barriers or lack of alternatives. If you have sent emails or messages to the building management asking for repair or a workaround, keep those. If the building has posted notices about the repair timeline, photograph those too.

If you have a disability and the broken elevator prevents you from accessing the building, that strengthens your case. You do not have to prove you have a specific diagnosis, but you should be able to explain why you cannot use the stairs (mobility device, pain, fatigue, balance issues, etc.).

Filing a complaint with the Department of Justice or your state

You can file a complaint with the U.S. Department of Justice Civil Rights Division at justice.gov/crt/ada. The DOJ investigates complaints about ADA violations in public accommodations and commercial facilities. You do not need a lawyer to file, and there is no cost.

You can also file a complaint with your state attorney general's office, which often has a civil rights division that handles ADA complaints. Some states have their own disability rights agencies that accept complaints.

A complaint to the DOJ or state does not result in money for you directly. Instead, the government investigates and can order the building to fix the problem. If you want compensation for the harm caused by the violation, you will need to pursue a private lawsuit, which usually requires a lawyer.

When to consult a disability lawyer about a private lawsuit

A private lawsuit under the ADA can result in compensation for you, but it is worth pursuing only if the violation caused real harm and the building has resources to pay. If the broken elevator prevented you from working, attending school, receiving medical care, or accessing your own home for an extended period, a lawyer may take your case.

Damages in an ADA case can include compensation for the harm you suffered (called "actual damages"), attorney fees, and in some cases punitive damages (extra money meant to punish the building for intentional or reckless conduct). The amount varies widely depending on the facts and the type of building.

A disability lawyer can review your situation and tell you whether a lawsuit is worth pursuing. Many disability lawyers work on contingency, meaning they take a percentage of any settlement or judgment rather than charging you upfront. The first consultation is often free.

Frequently Asked Questions

Does the ADA cover broken elevators in apartment buildings?

It depends on when the building was built and your state's law. If the apartment building was required to have an elevator when it was built (usually buildings with more than one story built after 1992), then yes, the ADA covers it. If the building predates the ADA and was not required to have an elevator, the ADA does not require one—but if one exists, it must be maintained. A lawyer can tell you whether your building is covered.

What if the building says the elevator repair will take months because parts are on backorder?

A long repair timeline does not excuse the building from providing an alternative accessible route in the meantime. If parts are genuinely unavailable, the building must still offer a workaround—a ramp, staff information, or access through another entrance. If the building is doing nothing, that is a violation regardless of how long the repair will take.

Can I sue the elevator company instead of the building?

The ADA applies to the building owner or operator, not the elevator company. You would sue the building. The building may have a separate claim against the elevator company for negligence or breach of contract, but that is between them. Your ADA claim is against the entity that controls the building.

What if I am the only person in the building who uses a wheelchair or mobility device?

The ADA protects you regardless of how many other people are affected. The law does not require a certain number of people to be harmed before a violation exists. If the broken elevator prevents you from accessing the building and the building has not provided an alternative, that is a violation.

How much can I recover in a lawsuit?

There is no fixed amount. Damages depend on how long the elevator was broken, what harm you suffered, and the building's conduct. Some cases settle for a few thousand dollars; others for much more. An attorney can estimate the value of your case based on similar cases and the specific facts of your situation.