The Americans with Disabilities Act (ADA)

Currently, the Americans with Disabilities Act (ADA) requires specific standards for accommodations in public places.  Mobility Rules® include ADA recommendations as this is the commonly accepted standard. The ADA standards can be complex and many of the laws do not apply to residential real estate. The CMC course condenses hours of research into one comprehensive course.  Information that you will find invaluable when dealing with mobility-related lifestyles.

ADA guidelines and standards apply to both Commercial and Residential real estate but are not mandated for single-family residences.

The federal definition of a disability, which is defined as a physical or mental impairment that substantially limits one or more major life activities – breathing, walking, hearing, seeing, learning, speaking, or working.

Companies that provide goods and services to the public are required to provide accessibility. Most commercial facilities fall in one of the categories defined by ADA. The ADA establishes different requirements for existing public and commercial facilities and new construction.

 Brief Legal Overview:  The Federal Fair Housing Laws protects individuals from discrimination based on race, color, country of national origin, religion, sex, family status, and disability. There are local and state laws that govern accessibility for those who are disabled as well.

The main federal laws that address this issue are:

 The Americans with Disabilities Act (ADA) of 1990. The section of this act that is applicable to housing is Title II, which extends protection to those with disabilities to all “public entities.” Public entities are state and local governments or authorities.

 The Fair Housing Act of 1988. Prohibits discrimination based on a disability or handicap in housing practices by requiring reasonable accommodations to be made for those having a disability, as well as requiring certain construction standards for multi-family dwellings built for first-time occupancy after March 1991.

Section 504 of the Rehabilitation Act of 1973. Applies to public housing or public-assisted housing providers that receive federal funds either directly or indirectly.

2010 ADA Standards for Accessible Design