You know that the Americans with Disabilities Act (ADA) requires business websites to be accessible. But did you know that if you are in a real estate-related business as an agent, broker, mortgage company, listing site, or any housing-related website, there are even more penalties and consequences if your website isn’t ADA-compliant? It’s just plain riskier for real estate websites to neglect ADA compliance.
Note: The information on this page is informational and not to be considered legal advice. For legal information related to the FHA and ADA regarding your particular situation, please consult your legal counsel. You can also refer to the DOJ’s Web Accessibility Guidance and the HUD website regarding the FHA for further clarification.
The Costs of ADA Non-Compliance
However, the problem with settling out of court is that the limits on what you might have to pay go away. Even though the ADA doesn’t allow for monetary damages, plaintiffs often demand them as a condition of settlement. Plus, you’ll still be compelled to fix your website and to pay attorneys’ fees. So, settling might help you avoid the huge legal expenses of a long trial, but it can still be very, very costly.
Why It’s Riskier for Real Estate Websites to Neglect ADA Compliance
Real estate-related companies need to comply with the ADA, just like any other company, but they also face even more risk because they must comply with the Fair Housing Act (FHA). And the terms of the FHA specifically prohibit housing discrimination of any kind, including for disabilities. So, if your website violates the ADA, it also violates the FHA.
Unlike the ADA, the FHA allows for substantial monetary penalties. This dual compliance requirement makes the financial consequences much more severe for real estate-related companies.
An ADA non-compliance lawsuit can trigger a discrimination lawsuit under FHA regulations, which do allow for civil penalties — up to $24,793 for the first violation and up to $123,965 for subsequent infractions, plus compensatory and punitive damages. When you add legal fees and costs of making your website compliant, it’s clear why it’s riskier for real estate websites to neglect ADA compliance.
There are other risks and penalties of the FHA as it relates to the ADA. See the table below for more information.
How to Ensure ADA Compliance for your Real Estate Related Website
If you are in a real estate-related business and don’t know for certain that your website is ADA-compliant, take action now:
Conduct an Accessibility Audit: The first step to ensuring your website is compliant is to conduct an accessibility audit. An audit involves evaluating your site against the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA standards, widely recognized as the benchmark for digital accessibility. Web Compliance Pro offers a free preliminary website ADA compliance assessment by completing our online form.
Implement Necessary Changes: Work with your web development team to address issues once the audit is complete. Changes can include adding alt text to images, ensuring your site is navigable by keyboard alone, ensuring appropriate color contrast, making your forms easy to use and over 80 other requirements. If you are not currently working with a web development team, or your team does not know how to remediate a website to be ADA compliant, you can contact us for help. (Note: simply adding an Accessibility widget to your website does NOT automatically make it ADA compliant.)
Ongoing Monitoring and Updates: Website accessibility compliance is not a one-time task — it requires ongoing effort. Regularly update your website and conduct periodic audits to remain compliant as standards evolve.
Let Us Help Minimize Your Website’s Non-Compliance Risks
Neglecting ADA compliance leads to costly legal battles under the ADA and opens the door to compounded penalties under the FHA, making the financial consequences for real estate companies more severe. This compounded risk is why it’s riskier for real estate websites to neglect ADA compliance.
Don’t wait for a lawsuit to take action — invest in accessibility today by contacting Web Compliance Pro, an expert in compliance testing and remediation. We have been helping companies comply with ADA guidelines since 2019. Call us at 818-592-6370 or fill out our online contact form.
Summary of ADA and FHA Regulations and Penalties
ADA and FHA compliance is a complex task with the added risk of staying current with evolving regulatory requirements. Here’s a summary of key aspects of these two laws and their business impacts:
- Scroll Left - Right to see the content
| Category | ADA | FHA |
|---|---|---|
| Law Overview | Prohibits discrimination against people with disabilities in places of public accommodation, including websites. | Prohibits discrimination in housing-related activities based on disability and other protected classes in residential real estate. |
| Scope | It focuses on accessibility for people with disabilities and applies broadly to public accommodations, including real estate companies that serve the public. | Covers discrimination based on race, color, national origin, religion, sex, familial status, and disability in residential real estate. |
| Applicability to Websites | Applies to websites as extensions of public accommodations, requiring accessibility. | Can apply to websites if inaccessibility results in denial of housing opportunities or services related to residential real estate. |
| Enforcement Agency | U.S. Department of Justice (DOJ) | U.S. Department of Housing and Urban Development (HUD) and DOJ |
| Standards for Compliance | Web Content Accessibility Guidelines (WCAG) are often used as a standard for compliance. | No separate web standards exist, but ADA standards like WCAG may be applied in relevant cases. |
| Legal Actions | Private individuals or DOJ lawsuits can compel corrective actions (e.g., website fixing, staff training) and cover attorney’s fees. Settlements often involve monetary demands. | Lawsuits by private individuals, the DOJ, or HUD can result in fines, compensatory damages, punitive damages, and corrective actions. |
| Penalties and Fines | No fines are awarded to plaintiffs in private lawsuits; courts can compel corrective actions and award attorney’s fees. Settlements may involve cash payments. In situations where the DOJ files suit, civil penalties of up to $50,000 for a first offense and up to $150,000 for subsequent violations are possible. | Civil penalties are up to $24,793 for first violations and $123,965 for multiple violations, plus compensatory and punitive damages. |
| Injunctive Relief | They are commonly used to require website accessibility changes, training, and ongoing compliance measures. | Available to compel changes to prevent further discrimination, including website accessibility. |
| Compensatory Damages | Not typically awarded under ADA; the focus is on corrective actions and legal costs. | Available for actual damages, including emotional distress and loss of housing opportunity. |
| Punitive Damages | They are not typically awarded under the ADA. | Available in cases of egregious or willful discrimination; no statutory limit. |
| Attorney’s Fees | They are awarded to the prevailing party, usually the plaintiff. | They are awarded to the prevailing party, often increasing overall costs for the defendant. |
| Reputation Impact | It is significant, particularly if non-compliance is publicized. | It can be severe, leading to loss of business, negative public perception, and potential damage to client trust. |
| Simultaneous Lawsuits | Plaintiffs can file lawsuits under the ADA if the issue involves public accommodations, such as website accessibility. ADA lawsuits focus on ensuring access for individuals with disabilities. | Plaintiffs can file lawsuits under the FHA if the issue involves housing-related discrimination. FHA lawsuits focus on preventing discrimination in housing practices. In cases where both housing and accessibility are at issue, plaintiffs may file under both ADA and FHA simultaneously. |
