How the Americans with Disabilities Act relates to your business
05/19/2016 | Author: TAR Legal Staff
How does the Americans with Disabilities Act apply to real estate?
Title III of the ADA prohibits places of public accommodations from discriminating against people with disabilities by failing to make reasonable modifications in policies, practices, or procedures, or removing barriers to accessibility. Places of public accommodations include nearly every type of establishment that provides goods or services to the general public, such as a real estate brokerage office, retail stores, hotels, restaurants, and so forth. A place of public accommodation can be located in a private residence, for example, if a real estate agent uses his or her home to meet with clients.
The ADA requires that a place of public accommodation remove barriers to accessibility if the removal is readily achievable even when no alterations or renovations are planned. Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense.
Both a tenant and owner of a place of public accommodation are subject to ADA compliance. Brokers representing parties to transactions involving places of public accommodations should recommend that their clients hire experts to conduct an ADA review.
Title III of the ADA also prohibits commercial facilities, which include office buildings, factories, or warehouses, from discriminating against people with disabilities, although not all of the requirements imposed on places of public accommodation apply to commercial facilities.
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