All licensees should be able to provide good customer service to persons with disabilities. There may be uncertainty regarding how to assist someone with a disability without offending the consumer and potentially committing a violation of the Americans with Disabilities Act of 1990 (ADA) or the Fair Housing Act of 1968 (FHA). That being said, it is advantageous for a licensee to have resources on hand to help assist and serve a consumer with a disability and provide the needed accommodations and accessibility requirements.
Providing good customer service means assessing the client’s or customer’s needs and determining how to best meet those needs. Licensees should ask all clients and customers if there is something the licensee can provide to better facilitate the transaction. With this practice, the licensee can ensure that if a person needs accommodations, whether due to a disability or not, the licensee can assist by providing the necessary aid or service, such as large-print materials or an interpreter.
It may be helpful for a firm to have a list of all the resources in the office. Having a list better prepares a licensee who has a consumer in need of accommodations. For example, if a consumer needs an interpreter, the licensee can easily find one from the list of reputable organizations rather than searching for one on the spot.
By determining what assistance a consumer needs and providing the accommodations, a licensee is not violating discrimination prohibitions. This practice helps licensees provide good customer service to all consumers, and ensures licensees are providing real estate services effectively and on an equal basis.
Communication disabilities
Real estate licensees and other professionals have an obligation under the ADA to communicate effectively with people who have communication disabilities. The goal is to ensure that communication with people who have these disabilities is equally effective as communication with people without communication-related disabilities. To guarantee effective communication with persons with disabilities, auxiliary aids and services may be necessary. Real estate licensees risk providing incorrect advice, insufficient disclosure, misguided negotiation and misrepresentation if there is a failure to communicate effectively and accurately with clients and customers.
The ADA gives deaf, deaf-blind or hard-of-hearing individuals the right to a qualified interpreter. The ADA defines “qualified interpreter” as one who is able to interpret effectively, accurately and impartially both receptively and expressively, using any necessary specialized vocabulary. All sign language interpreters in Wisconsin are required to be licensed by the Department of Safety and Professional Services (DSPS). Interpreters, written materials and Braille materials are prime examples of auxiliary aids and services that may be necessary to effectively communicate with an individual who is deaf, deaf-blind or hard of hearing. Sign language interpreters facilitate communication between an individual who uses sign language and a hearing individual. The more complex the communication, the more likely it is that an interpreter is required. Providing interpretation services and other auxiliary aids is part of doing business. Paying for an interpreter is similar to the cost of installing a ramp or providing a parking space for persons with disabilities. The lender or title company may agree to share the cost of the interpreter or other aid at closing.
Written materials are another way for licensees to effectively communicate with those who may have communication disabilities. Providing written materials is a simple way to convey important information and may be a more cost-effective method than other alternatives.
Many people may have difficulty reading small typeface. In this case, it may be useful to provide copies of materials in a larger-size typeface. A magnifying glass may also be useful for those who may benefit from a larger typeface.
Email is a highly effective way to communicate with consumers. Anyone with an email address will be able to access information sent through email. The type size on email messages can also be adjusted by the reader as necessary.
It may be necessary to provide materials in Braille. The Wisconsin Department of Health Services (DHS) website has a list of resources for Braille transcribers.
Physical disabilities
Real estate offices are considered places of public accommodation and must abide by the requirements of the ADA. To comply with the ADA obligations, firms must remove barriers and provide auxiliary aid and services. Some examples of the ADA obligations include ramps, accessible doorways and hallways, an elevator or accessible bathrooms, for example.
The ADA obligations are applicable to rented spaces as well. If a firm rents an office space, the firm as the tenant as well as the property owner must comply with the ADA. The firm and the property owner can negotiate who is responsible for compliance.
Licensees should always ask the consumer what accessibility features the consumer needs. This way the licensee can be sure that the accommodations meet the standards requested by the consumer.
If the accommodation that is requested is an undue burden, there are alternatives. For example, if the firm’s office does not have an elevator and the consumer uses a wheelchair, the firm may decide to meet on the first floor of the building instead of on the second floor. Licensees should not only be aware of potential obstacles and limited accessibility at the firm’s office but also at other locations pertinent for the transaction, such as showings of potential properties for sale.
Accessibility features report
An Accessibility Features Report (AFR) is a property condition report designed to identify features that may be desirable to homebuyers with disabilities. However, AFRs do not represent that a property is accessible. Rather, the WRA AFRs include a listing of different features that may be important to persons with disabilities.
The WRA AFRs allow sellers to mark which features are present in the home with “yes,” “no” and “not sure” check boxes. The AFR does not require a seller to investigate the presence of a feature nor take measurements to confirm mobility space.
There are two WRA AFRs: the WRA Basic Sellers’ Accessibility Features Report and the Sellers’ Accessibility Features Report. Both forms include technology features and features desired by persons with vision and hearing impairments. The Basic Sellers’ AFR is shorter than the Sellers’ AFR and focuses on features that may be the most important to a buyer with mobility concerns. The Sellers’ AFR is a longer form with larger font. It also includes more features that persons with vision and hearing disabilities may desire.
An AFR may be included in an MLS listing. Many MLSs in Wisconsin have a check box item in their residential property profile sheets for an AFR. A listing licensee may request that the seller complete an AFR and include the completed AFR in the MLS listing. Including the AFR in the listing allows others to review the form and be more informed of the features and accommodations the listed property may have. Both the Basic Sellers’ AFR and the Sellers’ AFR can be found in Transactions (zipForm Edition) and on the WRA’s customers with disabilities resource webpage.
35th anniversary of the ADA
The ADA is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities. The ADA was signed into law on July 26, 1990. This year marks the 35th anniversary of this historic legislation.
Updating terminology
In 2022, various sections of the Wisconsin Administrative Code were updated to remove the outdated term “handicap” and instead define the term “disability” consistently with the federal definition of “disability” as set forth in the ADA. Similarly, in 2022, the National Association of REALTORS® board of directors voted to replace the term “handicap” with “disability” in Article 10 of the Code of Ethics, in the Standards of Practice and in corresponding NAR references to protected classes under fair housing law.
Resources
