Labor & Employment Law Update

The Americans with Disabilities Act (ADA) prohibits discrimination and guarantees persons with disabilities have equal access to purchase goods and services. Title II of the ADA governs places of “public accommodation,” which includes residential home builders sales offices.

Although single family and model homes are not considered places of public accommodation, ADA complexities arise when home builders use some or part of a model home as a sales office.

In these common situations, Title II may apply, triggering accessibility requirements. Residential builders should consider how to minimize compliance costs and operational disruptions while meeting ADA obligations when using a model home to conduct sales activity.

ADA Compliance Requirements and Best Practices for Homebuilders

Location of the Sales Office

If feasible, avoid situating the sales office within a model home. An offsite office or a separate sales trailer located nearby is recommended. If the sales office must be located within the model home, restrict it to a distinct space, such as a garage, with separate points of entry for the sales office and model home.

Avoid Sales Activity Inside the Model Home

Any sales discussion or sales materials inside the model home (e.g., brochures left on a kitchen counter) will trigger full ADA compliance regardless of other efforts to avoid this.

Accessible Parking and Lot Requirements

The sales office must have ADA compliant parking that includes:

• Required number of accessible parking spaces that comply with minimum required width standards and signage that includes the International Symbol of Accessibility.
• Adjacent access aisles at least 60 inches wide or 96 inches for van-accessible parking spaces.
• Pavement slopes not exceeding 2 percent.

If the driveway of the model home is ADA compliant, the homebuilder may designate the driveway as an accessible parking area. Otherwise, the homebuilder may be required to designate an accessible parking area on the street.

Surfaces for accessible spaces and their adjacent access aisles must be firm, stable, and slip-resistant, such as asphalt or concrete. A sales office with a temporary gravel parking lot will not be compliant with the ADA.

Accessible Routes

Homebuilders should provide a properly marked accessible route from the compliant parking space with no protruding objects as barriers. The running slope of a sidewalk that is part of the accessible route cannot be greater than 5 percent; anything steeper requires ADA compliant permanent or portable ramps.

Restrooms

If a public restroom is offered within the sales office/model home, numerous ADA compliance standards must be met, including height, location, length, clearance, maneuvering clearance, and separate wheelchair stalls. To avoid such extra cost, homebuilders can choose not to provide public restrooms in their sales offices.

Service Counters

The sales office must have service counters that are compliant with ADA standards for height, counter depth, and forward or parallel approach clearance for wheelchair users

Effective Communication Requirements

All employees that may come into contact with the general public are required to use “effective communication” as defined by the ADA. This requires that written or spoken information, including sales materials and contracts, be as clear and understandable to people with disabilities as to people without. Considerations include:

• Readable font types, print size, and color of sales materials.
• Availability of large-print versions of contracts or brochures;
• Use of text-to-speech tools available in common word processing software.

Websites

If a home builder maintains a website for the residential home development, it must comply with Web Content Accessibility Guidelines (WCAG 2.1) for the visually impaired.

Service Animals

Home builders cannot deny sales office access to individuals with service animals. Where it is unclear that the animal is a service animal, staff may generally only ask two questions:

1. Is the service animal required due to a disability?
2. What work or task has the animal been trained to perform?

They may not request medical documentation, animal certification, or details about the disability.

Employee Training

Homebuilders should train staff on how to assist customers with disabilities or implementing reasonable accommodations. A designated employee responsible for ADA compliance and complaint procedures can help ensure consistency and reduce risk.

Key Takeaway: Each Model Home Sales Office Requires Tailored Solutions

These considerations reflect some of the ADA compliance issues homebuilders should account for when using some or part of a model home as a sales office. Fully and efficiently addressing these issues may require creative and tailored solutions for each development.

Different states may have additional regulations. Homebuilders are advised to obtain the advice of an experienced attorney familiar with Title II of the ADA and similar state laws before implementing any of these suggestions.