Twenty-nine years ago today, on July 26, 1990, the Americans with Disabilities Act was signed into law. This landmark legislation made it unlawful to discriminate against any person with disabilities and ensures inclusion and equal access to those individuals.
The ADA marks a historic milestone and has had a widespread impact in real estate. More specifically, Title III of the act affects real estate offices and commercial facilities. It requires places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with the accessibility standards. Public accommodations include nearly every type of establishment that provides goods or services to the general public, such as real estate brokerage offices, retail stores, hotels, and restaurants. This may even include a place of public accommodation located in a private residence.
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 conduct an ADA review.