OCT 27 1992 The Honorable Robert S. Walker U.S. House of Representatives 2369 Rayburn House Office Building Washington, D.C.

20515-3816 Dear Congressman Walker: This letter responds to your inquiry on behalf of (b)(6) concerning the Americans with Disabilities Act (ADA). The Americans with Disabilities Act 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 your constituent in understanding the ADA's provisions. However, it does not constitutes a legal interpretation, and it is not binding on the Department. We understand (b)(6) inquiry as follows: He uses a wheelchair. Presumably because of a State or local law or regulation relating to land use, he has been prohibited from installing running water in a cabin that he owns. He has asked whether the ADA includes any provisions that would require that he be given permission to install running water in his cabin. Title II of the ADA prohibits State and local governments from discriminating against individuals with disabilities. The general provisions of this title are discussed in the enclosed Department of Justice regulation. Specifically, the provisions that may apply to this situation are in Section 35.130(b)(7), which appears beginning at the bottom of page 35718, and requires a public entity to make reasonable modifications in policies when necessary to avoid discrimination on the basis of disability. Further discussion of this provision is included on page 13 of the enclosed Technical Assistance Manual for title II. cc: Records; Chrono; Wodatch; Breen; McDowney; FOIA; MAF. :udd:jonessandra:ada.walkerl 01-01669

-2We are unable to determine from the information provided whether these provisions would require the State or local entity to permit (b)(6) to install running water on his property. If, after reviewing the enclosed materials, (b)(6) believes the ADA requires such a modification of the rule creating the prohibition, he can proceed as explained on pages 45-8 of the Manual. I hope this information assists you in responding to (b)(6) Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division Enclosures (2) 01-01670​ September 30, 1992 CONGRESSIONAL INQUIRY (b)(6) Stevens, Pennsylvania (b)(6) is confined to a wheelchair. (b)(6) owns a cabin in State Run, Pennsylvania. He has been told that since he owns less than an acre of land he is unable to put a toilet and running water in the cabin. (b)(6) was wondering if there is a provision within the Americans with Disabilities Act which would allow him to place a toilet and running water in his cabin. This Congressional office requests information that will allow for a satisfactory reply to my constituent. Bm 01-01671