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Realtors

The Responsibilities of Realtors to Deaf Clients

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Title III of the Americans with Disabilities Act, 42 U.S.C. 12181 et seq., guarantees equal access to places of public accommodation, and equal access to the services of such places for individuals with disabilities. The Americans with Disabilities Act is of tremendous help in removing communication barriers for deaf individuals dealing with places of public accommodation.

The definition of "public accommodation" includes any service establishment, including an "office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital or other service establishment," regardless of the size of the office or the number of employees. 28 C.F.R. §36.104. The Department of Justice has commented that this definition is to be applied very broadly and is not to be limited to the few express examples given. 56 Fed.Reg. 35551 (July 26, 1991). Real-estate companies and brokers are public accommodations within the scope of this Act.

Under Title III, real estate professionals have an obligation to communicate effectively with their clients:

(c) Effective communication. A public accommodation shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities.

28 C.F.R. 36.303.

Unless the cost of providing an auxiliary aid would be an undue burden, realtors and other professionals are expected to provide these necessary services. When a realtor cannot communicate effectively and accurately with a client, there is a grave risk of misunderstanding between the client and the other parties, and the risk of a client entering an agreement or contract which he or she does not understand. These misunderstandings are not a result of a client's education or sophistication, but a result of ineffective communication. Sign language interpreters are an auxiliary aid which may be needed to provide effective communication and full service to deaf real estate sellers and purchasers.

The Department of Justice regulation defines a "qualified interpreter" as follows:

"Qualified interpreter" means an interpreter who is able to interpret effectively, accurately and impartially, both receptively and expressively, using any necessaria specialized vocabulary.

28 C.F.R. 36.104.

The Department of Justice also warns that family members and friends may not be able to provide impartial or confidential interpreting, even if they are skilled sign language users:

In certain circumstances, notwithstanding that the family member or friend is able to interpret or is a certified interpreter, the family member or friend may not be qualified to render the necessary interpretation because of factors such as emotional or personal involvement or considerations of confidentiality that may adversely affect the ability to interpret "effectively, accurately and impartially."

56 Fed.Reg. 35553 (July 26, 1991).

When there is a dispute between the service providers in the transaction and the deaf individual as to the appropriate auxiliary aid, the Justice Department strongly urges the professionals to consult with the deaf person about the effectiveness of a proposed auxiliary aid. It also cautions that complex discussions, such as those about legal and financial liabilities, may require interpreter services if that is the communication method used by the deaf individual:

It is not difficult to imagine a wide range of communications involving areas such as health, legal matters, and finances that would be sufficiently lengthy or complex to require an interpreter for effective communication.

56 Fed.Reg. 365567 (July 26, 1991).

Furthermore, the Department of Justice emphasizes that places of public accommodation must "ensure that an individual with a disability will not be excluded, denied services, segregated or otherwise treated differently from other individuals because of the use of inappropriate or ineffective auxiliary aids." Id.

Realtors may not include the cost of interpreter services in the client's bill, in the form of attorney's fees, closing costs, commissions, or any other such fee. The regulation to Title III explicitly states that auxiliary aids and services may not be financed by a surcharge upon the disabled individual. 28 C.F.R. §36.301(c). The cost of providing sign language interpreters for deaf clients is part of the cost of doing business with such individuals, and may not be passed onto the client.

Realtors and other places of public accommodation may be entitled to income tax deductions or credits for costs incurred in accommodating persons with disabilities under the Americans with Disabilities Act.

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Housing News
• NAD Files Complaint against Mortgage and Settlement Companies for Refusing To Provide Interpreters
• NAD Settles Lawsuit Against Mortgage and Settlement Companies

Legal Rights
• Housing - Main Page
• Realtors: The Responsibilities of Realtors to Deaf Clients
• Landlord and Tenant: Rights of Deaf Individuals in Private Housing

The National Association of the Deaf (NAD) Law and Advocacy Center prepared this material as informal guidance. This is not legal advice. The NAD assumes no liability for this material.

For additional information or technical assistance about how laws against disability discrimination apply to you, contact the NAD Law and Advocacy Center, 301-587-7730 Voice/TTY, 301-587-0234 FAX, nadlaw@nad.org; a local attorney (for more information, see  Get a Lawyer); or an enforcement agency (see list at www.ada.govor call 800-514-0301 Voice or 800-514-0383 TTY).