Americans with Disabilities Act (ADA)

Whether leasing or purchasing space, brokers must comply with federal and state laws regarding accessibility.

Under Title III of the Americans with Disabilities Act (ADA), places of public accommodation and commercial facilities must be accessible to persons with physical or mental disabilities.

Public accommodations are facilities open to the public, including sales or rental establishments, service businesses, hotels, restaurants, movie theaters, auditoriums, and recreational centers.

Commercial facilities include office buildings, factories, and warehouses. Real estate offices are considered both public accommodations and commercial facilities. ADA requirements also apply to private entities that own, lease, or operate commercial facilities, including real estate brokerage offices, even if the broker's office is located in a private residence.

Buyers who purchase older homes with plans to turn the structures into offices may face costly unanticipated expenses to modify or upgrade the facility to ADA standards.