Although the Americans with Disabilities Act (ADA) is not a housing or credit law, it still has a significant effect on the real estate industry. The ADA is important to licensees because it addresses the rights of individuals with disabilities in employment and public accommodations. Real estate licensees are often employers, and real estate brokerage offices are public spaces. The ADA’s goal is to enable individuals with disabilities to become part of the economic and social mainstream of society.
Title 1 of the ADA requires that employers (including real estate licensees) make reasonable accommodations that enable an individual with a disability to perform essential job functions. The provisions of ADA apply to any employer with 15 or more employees.
Title III of the ADA requires that individuals with disabilities have full accessibility to businesses, goods, and public services. While the federal civil rights laws have traditionally been seen as focused on residential housing, business and commercial real estate are fully covered by Title III. Because people with disabilities have the right to full and equal access to businesses and public services under the ADA, building owners and managers must ensure that any obstacle restricting this right is eliminated. The Americans with Disabilities Act Accessibility Guidelines (ADAAG) contain detailed specifications for designing parking spaces, curb ramps, elevators, drinking fountains, toilet facilities, and directional signs to ensure maximum accessibility.
ADA and the Fair Housing Act The ADA exempts the following two types of property from its requirements:
- Property that is covered by the Fair Housing Act
- Property that is exempt from coverage by the Fair Housing Act
Some properties are subject to both laws. For example, in an apartment complex, the rental office is a place of public accommodation. As such, it is covered by the ADA and must be accessible to persons with disabilities .
Individual rental units would be covered by the Fair Housing Act. A tenant who wished to modify the unit to make it accessible would be responsible for the cost.
