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House of Representatives 7 Hadley Avenue Toms River, New Jersey 08753 Dear Congressman Saxton: This letter is in response to your inquiry on behalf of your constituent, XX who seeks information about the Americans with Disabilities Act ("ADA"), the provision of public housing, and the provision of job training. 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 your constituent in understanding the ADA's provisions. It does not, however, constitute a legal interpretation, and it is not binding on the Department. (b)(6) expresses concern that title II of the ADA is geared more towards protecting the rights of individuals who use wheelchairs than towards protecting the rights of individuals who have mental disabilities. This is not the case. Title II of the ADA prohibits discrimination on the basis of disability by any public entity. Section 35.103 of the enclosed title II regulation defines "disability" as any "physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment." The rights of those with mobility impairments and those with mental impairments are, therefore, equally protected under title II of the ADA. cc: Records, Chrono, Wodatch, McDowney, Perley, FOIA, Magagna. udd\perley\congress\saxton
01-01991 -2If (b)(6) is aware of any person who the State of New Jersey may be discriminating against because of his or her mental disability, he may file a complaint with the Department of Justice. XX should send any relevant information, including the names and addresses of the agencies he alleges to be in violation of the ADA, to: Coordination and Review Section Civil Rights Division U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 In addition, the Fair Housing Act, which contains nondiscrimination and accessibility provisions relating to people with disabilities, may apply to XX housing situation. For more information on the Fair Housing Act, XX may contact: U.S. Department of Housing and Urban Development Office of Fair Housing 451 Seventh St., S.W. Washington, D.C. 20410-2000 (202) 708-8041 Nevertheless, (b)(6) should be advised that there are no affirmative obligations under the ADA to provide services or housing to those with disabilities. The Act was drafted to prohibit discrimination; there are no requirements regarding the provision of additional or specialized programs. To the extent that the State of New Jersey provides public housing and public job training programs, it may not discriminate against an individual on the basis of his or her particular disability.
However, the State of New Jersey has no ADA obligation to provide additional or specialized programs for individuals with disabilities. I hope that this information will be useful to you in responding to your client. Sincerely, James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosure 01-01992 Congress of the United States House of Representatives Washington, DC 20515 WRITTEN AUTHORIZATION UNDER THE PROVISIONS OF THE PRIVACY ACT OF 1974 DATE: FEB/12/93 DEAR CONGRESSMAN H. JAMES SAXTON: I would like to request your assistance with the following problem I am having with the Agency listed below: US Dept of Justice Agency Name: ADA TITAL II Civil Rights Division POB ILLEGIBLE To comply with the provisions of the Privacy Act of 1974, I am authorizing you or the appropriate member of your Congressional staff to request pertinent information on me which would be required in your investigation of the matter I have outlined below. Please, give a detailed description of the problem you are experiencing with the above cited agency. If additional space is required, please use the reverse side. (HANDWRITTEN) Under The Americans with Disabilities Act. Tital II. Talks about fair housing
jobs but its geared more toward the wheelchair person then the emotional mental health consumer. The Highland Plaza, Asbury Towers and other section 8 housing programs under N.J. Mortgage and Fiance are 100% seniors or 99% (What about the (The wheel chair person younger disabled.) (over) is covered 1 per 10 units) None in units SIGNATURE (b)(6) Please print or type: Name: (b)(6) (last) (first) (middle) Address XX (number & street) City Toms River State NJ Zip 08755 Home Telephone XX Bus. Telephone ----Social Security # XX Other I.D. XX 01-01993 (HANDWRITTEN) Also under Job Training and Jobs. The pic program refers the mental Health consumer to ILLEGIBLE. And from their to the Easter Seals workshop . With Higher Function Disabled, (the slower learner) its tuff with the slow learner.. All Disabled should be covered to make the ADA fair, which at this time its not! An amendment should be added to included Housing, Job Training and Jobs for the consumer, as well as all Disabled. Thank you, ILLEGIBLE ILLEGIBLE