Texas Real Estate Sales Agent ExamReal Estate PracticeHard
A real estate agent is showing a commercial property that was built in 1985. The agent is asked by a potential tenant, who uses a wheelchair, about the accessibility of the building's restrooms and entrance. Which federal law primarily governs the accessibility requirements for this commercial property?
- ATexas Accessibility Standards (TAS)
- BAmericans with Disabilities Act (ADA)
- CFair Housing Act (FHA)
- DSection 504 of the Rehabilitation Act
Show answer & explanationAnswer & explanation
Correct answer: B. Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) applies to commercial facilities and public accommodations, requiring them to be accessible to individuals with disabilities. While TAS implements ADA in Texas, the ADA is the primary federal law. The FHA applies to residential housing and Section 504 applies to federally funded programs.
Why the other options are wrong
- A. TAS are state standards that implement the ADA in Texas, but the ADA is the overarching federal law being referenced.
- C. The FHA covers residential housing and prohibits discrimination based on disability, but the ADA specifically addresses accessibility in commercial and public spaces.
- D. Section 504 applies to programs and activities receiving federal financial assistance, not all commercial properties universally.
ADA - Commercial Properties
The Americans with Disabilities Act (ADA) requires public accommodations and commercial facilities to be accessible to individuals with disabilities, including removing architectural barriers where readily achievable.
- Applies to commercial facilities and public accommodations.
- Requires removal of architectural barriers in existing buildings.
- New construction and alterations must comply with ADA Standards for Accessible Design.
Memory trick: ADA for access, FHA for home, Section 504 for funded dome.