HomeMy WebLinkAboutCOM 0067.029 2006-2008
DEPARTMENT OF JUSTICE Office of the Attorney General
28 CFR PART 35
[Order No.
Nondiscrimination on the Basis of Disability in State and Local Government Services
AGENCY: Department of Justice.
ACTION: Final rule.
SUMMARY: This rule implements subtitle A of title II of the Americans with Disabilities Act,
Pub. L. 101-336, which prohibits discrimination on the basis of disability by public entities.
Subtitle A protects qualified individuals with disabilities from discrimination on the basis of
disability in the services, programs, or activities of all State and local governments. It extends the
prohibition of discrimination in federally assisted programs established by section 504 of the
Rehabilitation Act of 1973 to all activities of State and local governments, including those that
do not receive Federal financial assistance, and incorporates specific prohibitions of
discrimination on the basis of disability from titles I, III, and V of the Americans with
Disabilities Act. This rule, therefore, adopts the general prohibitions of discrimination
established under section 504, as well as the requirements for making programs accessible to
individuals with disabilities and for providing equally effective communications. It also sets
forth standards for what constitutes discrimination on the basis of mental or physical disability,
provides a definition of disability and qualified individual with a disability, and establishes a
complaint mechanism for resolving allegations of discrimination.
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Raf. Uate 9 2007
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Fair Housing Act
The Fair Housing Act prohibits housing discrimination on the basis of race, color, religion, sex,
disability, familial status, and national origin. Its coverage includes private housing, housing that
receives Federal financial assistance, and State and local government housing. It is unlawful to
discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter
because of the disability of that individual, an individual associated with the buyer or renter, or
an individual who intends to live in the residence. Other covered activities include, for example,
financing, zoning practices, new construction design, and advertising.
The Fair Housing Act requires owners of housing facilities to make reasonable exceptions in
their policies and operations to afford people with disabilities equal housing opportunities. For
example, a landlord with a "no pets" policy maybe required to grant an exception to this rule and
allow an individual who is blind to keep a guide dog in the residence. The Fair Housing Act also
requires landlords to allow tenants with disabilities to make reasonable access-related
modifications to their private living space, as well as to common use spaces. The Act further
requires that new multifamily housing with four or more units be designed and built to allow
access for persons with disabilities. This includes accessible common use areas, doors that are
wide enough for wheelchairs, kitchens and bathrooms that allow a person using a wheelchair to
maneuver, and other adaptable features within the units.
Complaints of Fair Housing Act violations maybe filed with the U.S. Department of Housing
and Urban Development.
For more information or to file a complaint, contact:
Office of Program Compliance and Disability Rights Office of Fair Housing and Equal
Opportunity
U.S. Department of Housing and Urban Development
451 7th Street, S.W. ,Room 5242
Washington, D.C. 20140
http•//www hud Qov/offices/fl~eo/disabilities/index.cfm
(800) 669-9777 (voice)
(800) 927-9275 (TTY)
For questions about the Fair Housing Act, you may call the Office of Fair Housing and Equal
Opportunity at:
(202) 708-2333 (voice) (202) 401-1247 (TTY)
For publications, you may call the Housing and Urban Development Customer Service Center at:
(800) 767-7468 (voice) (800) 877-8339 (TTY)