How the Americans with Disabilities Act relates to your business

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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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Categories: Legal
Tags: legal faq, legal, ada, americans with disabilities act


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Legal disclaimer

The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.

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