DJ 202-PL-113 MAY 11 1992 Mr. Chandler Rand Attorney Mental Health Advocacy Project 111 West St.

John, Suite 315 San Jose, California 95113 Dear Mr. Rand: This is in response to your letter requesting information about the Americans with Disabilities Act (ADA). The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities having rights or obligations under the Act. This letter provides informal guidance to assist you in understanding the ADA's requirements. However, it does not constitute a legal interpretation and it is not binding on the Department. You inquire whether the ADA covers public housing and subsidized housing. Public housing is typically owned and operated by a State or local government entity. Title II of the ADA prohibits discrimination on the basis of disability in all of the programs, activities, and services of State and local government entities. Public housing operated by a State or local government entity would be considered a program, activity or service and is thus covered by title II. Strictly residential facilities that are privately owned are not otherwise covered by the ADA. Subsidized housing is typically owned and operated by private entities. Title II does not cover a private entity simply because it receives State or local financial assistance. However, any private entity that receives Federal financial assistance, as many subsidized housing facilities do, would be covered by section 504 of the Rehabilitation Act which has similar obligations to those of title II regarding nondiscrimination on the basis of disability. cc: Records; Chrono; Wodatch; Magagna. :uddl:udd:magagna:pl.113 01-00749 ​ -2I have enclosed a copy of this Department's Title II Technical Assistance Manual which further describes the coverage

of title II and also provides some discussion of section 504. I hope this information will be useful to you. Sincerely, Joan A. Magagna Deputy Director Office on the Americans with Disabilities Act Enclosure 01-00750 ​(Hand written) March 10, 1992 To Whom it may concern: I read the handbook entitled: The Americans With Disabilities Act Questions and Answers. I believe it was published by the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice Civil Rights Division. It was printed by the National Institute on Disability and Rehabilitation Research (July, 1991). I have a question: Under the miscellaneous section it states "All Government facilities" are covered and yet it then states residential apartment units are covered by the Fair Housing Act. Here's my question: Does the ADA Cover 1 Public Housing? 2 Subsidized Housing? Thank You. Chandler Rand Attorney Mental Health Advocacy Project 111 West St. John Suite 315 San Jose Ca ILLEGIBLE 01-00751