Top 10 Takeaways: Americans with Disabilities Act Compliance and Fair Housing (March 2023 Industry Update)
Americans with Disability Act (ADA)
1. You should NEVER ask someone “what is your disability?” A better approach would be to ask “what are your needs?” Accessibility is different for everyone.
2. The Americans with Disabilities Amendment Act of 2009 gives formal definitions of a disability and reasonable accommodations. Almost all types of businesses (like brokerage offices, title companies, etc) that serve the public, regardless of their size or the age of their buildings, must follow the ADA. www.ada.gov
3. A reasonable accommodation is an adjustment made in a system to accommodate or make fair the same system for an individual based on a proven need. Needs can vary.
Reasonable accommodation is not the same as the requested accommodation.
Businesses should be aware of needs regarding:
-Parking
-Ramps
-Meeting areas
-Doors
-Bathrooms
4. As far as MLS data goes, it is important to stick to facts. Rather than describing a property as ADA compliant, agents should describe facts such as 36 inch doors, ramp entrance, etc.
5. It is far cheaper to build a home meeting the principles of universal design than to retrofit existing property for accessibility. https://www.udll.com/
Fair Housing
6. The gap between black and white homeownership rate is biggest in a decade according to NAR report.
7. A three-year Newsday investigation uncovered widespread evidence of unequal treatment by real estate agents on Long Island. (90 real estate agents tested, over 200 hours of meetings recorded, and over 5700 house listings analyzed)
8. The real estate industry is a responsible party to the history of housing discrimination and the impact it has had on today’s real estate landscape. The real estate industry played a key role in redlining, restrictive covenants and racial zoning.
The Code of Ethics was once used as a discriminatory tool. Article 34. (NAR Code of Ethics, 1924)
9. Unequal treatment can mean steering, refusing to show listings, showing fewer listings and providing information on neighborhoods, crime and schools.
10. Some tangible ways agents and brokerages can take steps toward fair housing for all include participating in the Fairhaven simulation training, implicit bias training and following the rest of the National Association of REALTORS® ACT! Fair Housing Plan. https://www.nar.realtor/fair-housing/fair-housing-action-plan-act
March 2023 Industry Update of the Greater Lansing Association of REALTORS® on March 9, 2023.
Thank you to presenters:
-Jeff Bone, 2023 President of Greater Lansing Association of REALTORS®
-Cheryl Davis, Director of Education with Cross Street Academy, Inc.
-Alexia Smokler, Director, Fair Housing Policy & Programs with the National Association of REALTORS®