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Americans with Disabilities Act of 1990: What is it? Real estate license exam questions.
Dec 11, 2024
In this video, we'll cover the Americans with Disabilities Act of 1990, which prohibits discrimination against people with disabilities in various areas of life, including employment, transportation, and public accommodations.
We'll explore the key provisions of the Act, including accessibility requirements and reasonable accommodations, and discuss how it impacts the real estate industry and your real estate exam.
Here are the chapters for this video. Feel free to jump around accordingly:
0:00 Introduction
0:19 What is the Americans with Disabilities Act of 1990?
1:13 How it Works
1:21 Americans with Disabilities Act Examples
2:23 What is Covered?
3:00 Americans with Disabilities Act Violation's
4:03 Who Enforces the Americans with Disabilities Act?
4:38 Penalties for Americans with Disabilities Act Violations
5:21 ADA Amendments Act
5:50 Real Estate Agent Role
6:23 What Do You Need to Know for the Exam?
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0:00
the American with Disabilities Act of
0:02
1990 prohibits discrimination against
0:04
people with disabilities in real estate
0:05
and in other areas this act protects
0:08
disabled people across many different
0:09
Industries and you'll need to understand
0:11
how it works for your real estate exam
0:13
hello everybody it's Zach here from real
0:14
estatewizard.com today we're talking
0:16
about the American Disabilities Act of
0:18
1990 let's get started so what is the
0:21
Americans with Disabilities Act of 1990
0:23
well the American with Disabilities Act
0:26
or Ada protects people with disabilities
0:29
against discrimination and housing this
0:31
federal law states that housing
0:33
providers must provide equal
0:35
opportunities for persons with physical
0:37
or mental impairments so who is
0:39
protected by the Ada well any person
0:42
with a legal disability is protected
0:44
under the Ada the Ada defines a person
0:47
with a disability as having a physical
0:49
or mental impairment that limits their
0:51
major life activities having a history
0:53
or record of their impairment and being
0:56
perceived by others as having such an
0:58
impairment examples of physical or
1:01
mental disabilities that are covered by
1:02
the Ada include and I'll put the list on
1:05
the screen deafness blindness cancer
1:08
epilepsy autism bipolar disorder
1:11
schizophrenia and more so how does this
1:13
exactly work and affect real estate well
1:15
the Ada plays a significant role in real
1:18
estate under this act housing providers
1:20
must make reasonable accommodations and
1:22
modifications to ensure disabled people
1:24
can live comfortably in their units if
1:27
such accommodations are not made housing
1:29
providers can face legal repercussions
1:31
so then what is this reasonable
1:32
accommodation in housing what exactly
1:34
does that mean well according to the U.S
1:36
Department of Housing and Urban
1:37
Development or HUD a reasonable
1:39
accommodation is a change or exception
1:41
to a rule policy or service that allows
1:43
a person with disabilities access to
1:46
housing a housing provider must ensure
1:48
their public spaces in a facility are
1:50
accessible to individuals with
1:52
disabilities this includes hallways
1:54
laundry rooms lobbies elevators parking
1:57
lots amenities if these areas are
1:59
inaccessible a person with a disability
2:01
requests accommodations the housing
2:03
provider must resolve the issue so some
2:05
examples of this would look like
2:06
assigning a handicapped parking space
2:08
for persons with Mobility impairments
2:10
allowing a tenant with mobility issues
2:13
to live on the ground floor unit or
2:15
maybe installing a grab bar in a tenant
2:18
shower things like that so what types of
2:20
property are covered by the Ada well the
2:22
Ada covers most housing types including
2:25
private Housing state and local
2:26
government housing public housing and
2:29
federally assisted housing programs this
2:31
means that apartment buildings hotels
2:33
motels Inns and other housing units must
2:36
comply with the Ada now there are some
2:39
property or some types of property that
2:41
are not covered by the Ada so this would
2:43
include Residential Properties religious
2:46
organizations and private clubs this
2:48
means that privately owned homes
2:50
churches and clubs do not necessarily
2:52
have to apply to the Ada however it's
2:56
still typically in best interest for
2:57
them to apply to Ada so examples of ADA
3:01
violations in real estate would be
3:03
perhaps incorrectly using handicapped
3:05
signs or not using them at all
3:07
installing ramps with an improper slope
3:09
or maybe no Railways missing an
3:12
accessible counter for persons with
3:13
wheelchairs and I'm just going to leave
3:15
a bunch more on the screen but
3:17
essentially there's quite a few so let's
3:19
take a look at an example of a
3:21
disability discrimination lawsuit that
3:22
occurred recently in 2021 so according
3:25
to the HUD a Las Vegas landlord and
3:27
property manager was accused of
3:30
disability discrimination in 2021 these
3:34
housing providers denied housing to a
3:35
woman with an assistant animal the woman
3:38
claimed that after she signed the lease
3:40
the owner and manager refused to rent
3:42
the house to her because of her service
3:43
dog this discrimination violates the Ada
3:46
and the Fair Housing Act of 1968. as a
3:50
result the courts ruled that the owner
3:52
must pay a certain amount of money to
3:54
the tenant and take fair housing
3:56
training courses the owner and property
3:58
manager also had to comply with the Ada
4:00
a and make reasonable accommodations for
4:02
this tenant so who enforces the American
4:05
with Disabilities Act well the office of
4:08
fair housing and equal opportunity
4:09
enforces the Ada of real estate if a
4:12
person with a disability faces unfair
4:14
and unnecessary discrimination they can
4:16
contact the fair housing and Equity
4:18
opportunity office to have their claim
4:21
investigated however it's important to
4:23
note that several federal agencies are
4:25
also responsible for enforcing the Ada
4:28
because it's across multiple Industries
4:30
so for example I'll just put on the
4:32
screen the Department of Labor
4:33
Department of Transportation the FCC
4:36
things like that but when a person or a
4:38
business is found guilty of violating
4:40
the Ada they will all be penalized
4:42
essentially no matter what relevant
4:44
agency so what are the penalties for
4:46
violating the Ada well it could be up to
4:49
75 000 for a first-time violation and
4:53
150 000 for additional violations in
4:56
some regions the fines for violating the
4:58
Ada may even be higher
5:00
um some State and some local governments
5:02
have even stricter rules for this but
5:05
businesses who violate the Ada must also
5:07
face further Financial damages due to
5:10
obviously like a tarnished reputation I
5:12
mean it would be horrible for a business
5:13
to you know be heard that they're you
5:16
know breaking these rules and it would
5:18
be a poor reflection of the company's
5:20
ethics so now there was amendments made
5:23
to the Ada in 2008 the Ada amendments
5:26
Act of 2008 empowered the Ada to protect
5:29
more people with disabilities so before
5:31
this amendment the Supreme Court had
5:33
interpreted the definition of disability
5:35
very narrowly this meant that
5:37
individuals of certain disabilities were
5:39
not winning their cases against housing
5:41
discrimination the Ada amendments act
5:43
expanded the definition of disability so
5:46
that more people with physical or mental
5:48
impairments were protected under the law
5:50
so how can real estate agents uphold the
5:52
Ada how does this directly apply to them
5:54
well as a future real estate
5:55
professional like yourself it's your job
5:58
to follow the Ada and help reduce
6:00
housing discrimination real estate
6:02
agents should familiarize themselves
6:04
with ADA rules work with companies who
6:06
comply with the Ada recommend accessible
6:08
housing units for individuals with
6:10
disabilities and ensure that their
6:12
websites are accessible for disabled
6:14
people so really just being that really
6:16
good real estate agent making sure
6:18
you're not discriminating and making
6:19
sure your clients aren't getting
6:21
discriminated and making sure that
6:22
they're aware of those rules so what do
6:24
you need to know for the real estate
6:25
exam we need to be familiar with the Ada
6:28
the Ada or Americans with Disability Act
6:31
of 1990 prohibits the discrimination
6:33
against people with disabilities and
6:35
housing and in other areas this act
6:37
requires that housing providers make
6:39
reasonable accommodation to help persons
6:42
with disabilities because the American
6:44
with Disabilities Act is an important
6:46
part of the fair housing conversation in
6:48
general it does show up on the real
6:50
estate exam so you need to be aware of
6:51
it hopefully this video helped for more
6:54
videos like this on Fair Housing click
6:56
here and click here to subscribe thank
6:58
you guys so much for watching until next
6:59
time see ya bye
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