ADA & IT InFocus Volume 11, Number 2
Spring/Summer 2006
ADA and IT Issues: Training News and Events
Affiliates News:
ADA Rulings: What’s New: ADA & IT IN FOCUS is published three times yearly by the ADA & IT Information Center for the Mid Atlantic Region. It is posted to the web on the “Publications” page at www.adainfo.org. It is also available by request in large print, Braille, audio cassette, and computer disk.
Richard G. Luecking, President TransCen, Inc. is a Rockville, MD based firm specializing in human resources issues that impact workplace diversity. TransCen administers the ADA & IT Information Center, providing business and technical assistance to DE, DC, MD, PA, VA and WV.
This is a publication of the ADA & IT Information Center, funded by the National Institute on Disability and Rehabilitation Research of the U.S. Dept. of Ed. (Grant # H133D010212). The opinions contained in this publication are those of the grantee and do not necessarily reflect those of the Dept. of Education.
ADA & IT Information Center ADA and IT ISSUES:
FAIR HOUSING: IT’S NOT THE ADA
Housing is another area where the multitude of Federal, state, and local disability laws can become confusing. Let’s take a look at some of the Federal laws that are relevant to housing for people with disabilities.
ADA and the Rehabilitation Act
Section 504 of the Rehabilitation Act covers Federal programs, as well as programs which receive Federal financial assistance. Many housing programs are covered by Section 504, and the U.S. Department of Housing and Urban Development (HUD) has regulations specific to these programs.
Title II of the ADA applies to everything that state and local governments do, including housing provided by these public agencies. The basic requirements of the ADA and the Rehabilitation Act are very similar; housing providers must accord equal opportunities, make reasonable modifications to policies and procedures, and ensure effective communication with program participants who have disabilities.
There are differences in the way the ADA and the Rehabilitation Act address accessibility in new construction and alterations of housing projects. HUD’s 504 regulations outline specific, distinctive scoping provisions and refer to the Uniform Federal Accessibility Standards (UFAS) for technical specifications. The ADA allows state and local government agencies to choose either the UFAS or the ADA Accessibility Guidelines (ADAAG).
The ADA does not cover private housing (whether single or multi-family), and Section 504 does not cover private housing unless it receives Federal funds.
Fair Housing Act
The Fair Housing Act, or FHA (Civil Rights Act of 1968) was designed to prohibit housing discrimination based on race, color, religion, sex or national origin. Sales, rental, and financing issues are all addressed, and almost all housing, both public and private, is covered. The Fair Housing Amendments Act of 1988 extended protections to people with disabilities, as well as to families with children.
The FHA outlines specific requirements related to people with disabilities. In addition to the non-discrimination obligations related to advertisement, sale, rental, or financing of housing, there are requirements related to the provision of reasonable accommodations, and to the construction of certain multi-family housing in accordance with minimum accessibility standards.
The prohibitions against discriminatory advertising apply broadly to everyone involved in advertising through any media, whether oral or written.
The prohibitions against discrimination in sales, rental, and financing apply, with few exceptions, to individuals, corporations, real estate agents and brokers, lending institutions, homeowners and condominium associations, and housing property owners and managers.
Exceptions include private individuals who sell or rent their own home, as long as the individual does not own or have interest in more than three single family houses at any one time, and the house is sold or rented without using the services or facilities of a real estate broker, agent or other person in the business of selling or renting dwellings. Also, if the owner does not live in the house, or was not the most recent resident of the house, the exemption applies to only one such sale in any 24-month period.
Residential buildings with four or fewer dwelling units, where the owner actually resides, are also exempt.
Reasonable Modifications and Reasonable Accommodations
Both the ADA and the FHA use the terms “reasonable modifications” and “reasonable accommodations,” but they mean different things. The ADA uses the term “reasonable accommodations” only in the employment context, and it can mean many different things, from making policy exceptions to constructing ramps. However, in the FHA, “reasonable accommodations” refers only to changes in policies, rules, practices, and services — not to architectural changes.
Examples of reasonable accommodations in housing include things like making an exception to a “no pets” rule for an individual with a disability who uses a service animal, or reserving a parking space near an entrance for an individual with a mobility disability.
The term “reasonable modifications” in the FHA refers to architectural changes needed by residents with disabilities (while in the ADA the term refers to policies and practices). Unlike the ADA, the FHA does not place any obligation on covered entities (housing providers or landlords) to make architectural modifications in older properties. Individual residents are responsible for making their own architectural modifications, including things like widening doorways or building ramps to access an individual dwelling unit or a common area such as a laundry room or exercise facility.
A landlord’s obligation is simply to allow the individual resident, at his own expense, to make modifications that are needed because of a disability. Landlords can require that modifications be completed in a professional manner, and that they do not interfere with the safe use of the premises for other residents. In some cases, landlords can also require that modifications be reversed if a tenant vacates the dwelling. For example, a landlord might require that a tenant replace a tub that was removed to install a roll-in shower, since future residents may reasonably be expected to prefer the availability of the tub.
It should be noted that Title III of the ADA will apply to many facilities located in residential communities, if those facilities are open to the general public. A rental office at an apartment complex is typically covered by Title III. Also, some residential communities will rent to the general public the use of common areas, such as clubhouses or recreational spaces. In these circumstances, Title III will apply, and the entity will have the obligation to remove barriers in older facilities where it is readily achievable to do so. However, if the use of these common spaces is restricted to residents and their guests, Title III will not apply.
Accessibility in New Housing Facilities
The FHA includes design and construction requirements related to accessibility. These requirements apply only to multi-family buildings which contain at least four dwelling units, whether the units are for rent or sale. If such buildings have at least one elevator, all dwelling units must meet accessibility standards; in buildings without elevators, only ground floor units must comply.
Common use spaces, such as parking lots, lobbies, hallways, laundry rooms, mailbox areas, trash disposal areas, and recreational spaces, must also be accessible.
Alterations and renovations of existing dwelling units and buildings are not subject to any accessibility requirements under the FHA, although additions of four or more new dwelling units to an existing building are covered.
The FHA has its own accessibility standards, issued by HUD. The standards related to common areas are similar to the ADA design standards, but there are some significant differences.
The standards for dwelling units are fairly moderate. Units must include an accessible route throughout, doors with a minimum clear width, maneuvering space in kitchens and bathrooms, reinforcements in bathroom walls to support future installation of grab bars, and reachable environmental controls.
HUD also recognizes several “safe harbor” codes, which designers and builders can follow to ensure compliance with the FHA.
Where more than one law applies to a project, all applicable standards must be followed, using the most stringent (most accessible) standard for any particular element. For example, both Section 504 and the FHA often cover a single housing project. Additionally, state or local building codes will apply.
For additional information on fair housing issues, or housing programs and assistance that may be available for people with disabilities, see the “Housing Resources” below.
HOUSING RESOURCES
U.S. Department of Housing and Urban Development (HUD) U.S. Department of Justice (DOJ) Fair Housing Accessibility FIRST National Fair Housing Advocate National Fair Housing Alliance Center for Inclusive Design and Environmental Access (IDEA) Center Center for Universal Design National Resource Center on Supportive Housing and Home Modifications Virginia’s Second Annual “Ask the Experts” Conference
This conference is sponsored by the Virginia ADA Coalition. A National Dialogue on the State of Disability This “town hall” meeting will be held in observation of the 16th anniversary of the ADA. Leadership Exchange in Arts and Disability This conference is for accessibility managers in cultural arts. Empowering Employers to Build an Inclusive Workforce For more information, contact the Job Accommodation Network (JAN) Annual ADA Update Save the date for this popular event presented by the ADA & IT Information Center! Living the Vision Together: Today, Tomorrow, and Beyond For more information, contact TASH at 800-482-8274 or 410-828-8274, For information on these and other ADA, IT, and disability-related training events, check the “Training” page at the ADA & IT Information Center web site: www.adainfo.org/training/
AFFILIATES NEWS
WEB CONTEST WINNERS
Stacy Hurney, a first grade teacher at Flower Valley Elementary School in Rockville, developed the winning web site in the “non-student developed” category.
Students in Jason Leveille’s computer sciences class at Quince Orchard High School (QOHS) in Gaithersburg developed the winning entry in the “student developed/high school” category. Their web site was also awarded the grand prize for overall best entry. Check out the QOHS web site at www.qohs.org/qowebsite/valid/ to learn more about the school’s commitment to accessibility.
Web Contest Winners Recognized
TO CONTACT OUR AFFILIATES:
State ADA Coalitions:
MD – 800-949-4232 V/TTY DC – 202-388-0033 or 202-388-0277 TTY DE – 302-376-4399 v or 302-376-4397 TTY WV – 800-946-9471 V/TTY VA – 757-461-8007 V or 757-461-7527 TTY PA – 570-327-9070 V or 570-327-5254 TTY State Assistive Technology Programs:
MD – 800-832-4827 V or 866-881-7488 TTY DC – 202-547-0198 V or 202-547-2657 TTY DE – 800-870-3284 V/TTY (IN STATE ONLY) WV – 800-841-8436 V/TTY (IN STATE ONLY) VA – 800-552-5019 V/TTY (IN STATE ONLY) PA – 800-204-7428 V/RELAY (IN STATE ONLY) ADA RULINGS
Stadium-Style Theaters and Line-of-Sight
The Department of Justice quickly joined the fray, filing some lawsuits and intervening in others. The Department regarded the new theater designs as clear violations of its regulation, which calls for wheelchair seating areas that are an “integral part of any fixed seating plan” and provide people with disabilities “lines of sight comparable to those for members of the general public.” Many of the theater chains disagreed with the Department’s view, and argued that those “front row” seats provided a “comparable” line of sight because the view was “unobstructed.”
Many of the lawsuits dragged on for years, with decisions, reversals, and remands. Lawyers on both sides soldiered on. Theaters were bought and sold. The plaintiffs became eligible for senior citizen discounts, but were still not satisfied (just kidding!).
Meanwhile, clever designers were implementing architectural plans that “ramped” all patrons entering the theater into the middle of the auditorium, rather than the front. Wheelchair seating areas were provided there, while stadium-style seating was still available, both above and below that entry level.
Court decisions began to go against many of the national theater chains, and settlement agreements and consent decrees began to appear on the horizon. To date, the following theater chains have agreed to improve the design of stadium-style theaters, and in many cases, to make changes in existing facilities as well: Regal Entertainment Group, AMC Entertainment, Inc., Cinemark USA, Inc., and United Artists Theatre Circuit, Inc.
Captioning and Communication Access
Captioning of movies to provide access to deaf and hard of hearing patrons, although a very different matter, has been no less contentious. When Congress was developing the ADA, the subject of requiring movie theaters to show open-captioned films was discussed. At the time, open captions, which appear directly on the movie screen, were not considered a viable option for several reasons.
However, advances in technology have expanded the options available, and advocacy and litigation under both the ADA and state laws have moved the debate into new realms. There are new technologies which utilize “closed” type captions, which can be made to appear either on the main movie screen for certain showings, or only on personal devices provided to individuals in the audience.
Some of these technologies can also provide descriptions of visual elements for patrons with vision disabilities.
Advocates have been encouraging film producers to make their films available for captioning prior to initial theater release. They have also been encouraging theater operators to show open captioned films, to purchase the equipment necessary to utilize closed captions, and to advertise the availability of these showings and/or equipment.
There have also been several lawsuits filed seeking greater communication access in movie theaters. One brought under the ADA against AMC and Loews theaters in the Washington, DC metropolitan area, resulted in a settlement that increases access to captioning technology.
For more information on communication access at the movies, visit the Coalition for Movie Captioning at www.nad.org/movietheatercaptioning, or the Media Access Group at http://main.wgbh.org/wgbh/pages/mag/
Your ADA & IT Center Needs Your Input! This information will help the Centers identify issues that need additional training or technical assistance development. The online form is short, simple, and no personal information is required. Comment only on topics of interest or concern to you; submit comments as often as you like. Look for the “Share your opinions!” link at www.adata.org.
Guide to Accessible Temporary Events Call us at 1-800-949-4232 V/TTY (DC, DE, MD, PA, VA, WV) or 301-217-0124 V/TTY and mention this article to obtain your free copy!
Resources for Law Enforcement Agencies The site also features an eight-part video series called “Police Response to People with Disabilities.” The segments, each running approximately five to ten minutes, address law enforcement situations involving people who have mobility disabilities, mental illnesses, mental retardation, epilepsy or seizure disorders, speech disabilities, deafness or hearing impairments, and blindness or low vision.
The online videos have either dial-up or high-speed options, and are available with captions and audio descriptions. Copies of the video can also be ordered from the Department. Visit www.ada.gov/policeinfo.htm or call 800-514-0301 (voice) or 800-514-0383 (TTY).
ADAAG and IBC Comparison
Project ACTION Training: Public Transportation for Grades 8 - 12
Visit http://projectaction.easterseals.com/ and take the shortcut to the “Clearinghouse” to order or download the materials, or call 800-659-6428 for more information.
No Internet Access? www.copecaredeal.org/ MindZone is a site dedicated to helping teens “cope, care, and deal” with mental health issues.
www.lifeafterhs.org/ The Life After High School web site is a resource for transitioning students with disabilities in the Charlottesville, Virginia area.
http://lookingglass.org/ Through the Looking Glass is an organization that conducts research and provides training and information to families in which a parent, grandparent, or child has a disability.
www.ncaonline.org/ The National Center on Accessibility has new resources on accessible, integrated recreational activities, and an expanded product resource section with information on accessible picnic tables, golf cars, hunting and fishing equipment, playground components, and more!
www.nod.org The National Organization on Disability provides news, information, and resources on a broad range of disability issues. In addition to the organization’s well-known work in the areas of emergency preparedness, access to voting, and disability statistics, the “Religion and Disability” project helps religious leaders and congregations of all faiths across the county to welcome people with disabilities. Look for the “Religious Participation” link to find articles and resources, as well as information about “That All May Worship” conferences.
ADA & IT In Focus is intended for use by individuals, state and local governments, businesses, legal entities, and others interested in developments in the Americans with Disabilities Act. This publication is intended solely as an informal guidance and should not be construed as legally binding. ADA & IT In Focus does not serve as determination of the legal rights or responsibilities under the ADA for any individual, business or entity.
©2008 DBTAC: Mid-Atlantic ADA Center
FAIR HOUSING ACT: IT’S NOT THE ADA
Marian Vessels, Project Director
Nancy Horton, Assistant Director
Marissa Johnson, Director of Training
Rachel Margolis, Technical Assistance Specialist
David Stewart, Technical Assistance Specialist
Mark Derry, Training Consultant
Traci Lemon, Office Manager
451 Hungerford Dr., Suite 607
Rockville, MD 20850 4151
TEL: 301 217 0124 V/TTY
FAX: 301 217 0754
Toll-free: 800 949 4232 V/TTY
E-mail: adainfo@transcen.org
URL: www.adainfo.org
© 2006 by TransCen, Inc.
Toll Free: 800-669-9777
TTY: 800-927-9275
Web: www.hud.gov/offices/fheo/index.cfm
(Complaint forms available for download or online submission)
“Operation Home Sweet Home”
Toll Free Tip Line: 1-800-896-7743 (not for formal complaints; see HUD for complaints)
Local: 202-514-4713
Local/TTY: 202-305-1882
Web: www.usdoj.gov/crt/housing/fairhousing/index.html
(information on design and construction requirements)
Toll Free: 888-341-7781 (V/TTY)
Web: www.fairhousingfirst.org/
Web: www.fairhousing.com/index.cfm
Web: www.nationalfairhousing.org/index.php
716-829-3485 ext. 329
TTY: 716-829-3758
Web: www.ap.buffalo.edu/idea/
Toll Free Info Line: 800-647-6777
Web: www.design.ncsu.edu/cud
213-740-1364
Web: www.homemods.org/
Charlottesville, VA: July 6 – 7, 2006
For more information, contact
Tammy Manno at 757-461-8007 (voice) or 757-461-7527 (TTY)
Washington, DC: July 26, 2006
For more information, contact Mark Quigley at the National Council on Disability,
202-272-2004 (voice), 202-272-2074 (TTY), or e-mail ncd@ncd.gov
Washington, DC: August 3 – 8, 2006
For more information, contact the Kennedy Center for the Performing Arts at
202- 416-8727 (voice) or 202- 416-8728 (TTY), or e-mail access@kennedy-center.org
Boston, MA: September 18 – 19, 2006
at 800-526-7234 (Voice/TTY), or visit http://conference.jan.wvu.edu/
Ramada Inn - BWI Airport, MD: September 28, 2006
For more information, contact Marissa Johnson at 800-949-4232 (V/TTY in DC, DE, MD, PA, VA, WV), 301-217-0124 V/TTY, or e-mail mjohnson@transcen.org
Baltimore, MD: November 8 – 11, 2006
or visit www.tash.org
Two Montgomery County, Maryland schools won top honors in the regional “Web Site Accessibility Contest” sponsored by the Mid-Atlantic Consortium on Accessible Information Technology in Education.
Pictured (back row, left to right):
David Poehlman of the Maryland Technology Assistance Program, QOHS students Stephen Eskin, Jon Rothbard, Vahan Kristosturyan, QOHS teacher Jason Leveille, QOHS student Alex Semenyuk, Flower Valley Elementary School teacher Stacy Hurney, and (seated) Marian Vessels of the ADA & IT Information Center. (Not pictured: QOHS students Tim Vasko and Zach Strudler.)
E-MAIL – adainfo@transcen.org
E-MAIL – hgalmore@dccil.org
E-MAIL – advocacy@fcilde.org
E-MAIL – ADAcoalition@aol.com
E-MAIL – kgonzalez@endependence.org
E-MAIL – communityorganizer@cilncp.org
WEB – www.mdtap.org
WEB – www.atpdc.org
WEB – www.dati.org
WEB – www.cedwvu.org/programs/wvats
WEB – www.vats.org
WEB – http://disabilities.temple.edu/programs/assistive/index.htm
When “stadium-style” movie theaters began popping up across the country several years ago, they touted the advantages of the tiered seating, which raised each row higher above the one in front of it than in traditional, sloped floor theaters. However, the first stadium-style theaters provided wheelchair seating only in the very front of the theaters, and patrons who sat there experienced distorted views and sore neck muscles. Individuals who could not climb the steps to the raised seating areas began complaining, and filing lawsuits.
The national network of ADA & IT Technical Assistance Centers (also known as Disability and Business Technical Assistance Centers, or DBTACs), wants to hear your ADA stories. Share your experiences in employment, participating in public programs and activities, or gaining access to buildings and facilities. Tell us what has worked for you, what barriers you still encounter, and how the ADA has made a difference in your life.
“Accessible Temporary Events: A Planning Guide” provides information on how to plan, promote, and provide accessible, integrated temporary events such as fairs, festivals, exhibits, concerts, races, tournaments, shows, parades, and rallies.
The U.S. Department of Justice has launched a web page with information for law enforcement agencies. The page links to two new publications:
Communicating with People Who Are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers
Model Policy for Law Enforcement on Communicating with People Who Are Deaf or Hard of Hearing
The U.S. Access Board issued a side-by-side comparison of the “new” ADA Accessibility Guidelines, the current (enforceable) ADA standards, and the International Building Code (IBC). Visit www.access-board.gov/news/adaag-comparison.htm.
Easter Seals Project ACTION has developed a curriculum, available free of charge, to be used by educators, rehabilitation specialists, counselors and other professionals who work with young people with disabilities. “Public Transportation: A Route to Freedom” is designed to teach the skills needed to use public transportation.
If you are not able to obtain online publications,
call the ADA & IT Information Center,
1-800-949-4232 V/TTY.
We will be happy to assist you!
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