MAR 30 1998 The Honorable Max Cleland United States Senator 75 Spring Street, S.W.

Suite 1700 Atlanta, Georgia 30303 Dear Senator Cleland: This letter responds to your inquiry on behalf of your constituent, Ms. XXX , who alleges that her newly built house does not meet the Council of American Building Officials (CABO) standards. She claims that she and her roommate, who are both individuals with disabilities, have had difficulties in resolving their concerns regarding the construction of their house with the builder, building supervisor, and county building inspector. Please excuse our delay in responding. The Disability Rights Section of the Civil Rights Division of the Department of Justice enforces titles I, II and III of the Americans with Disabilities Act (ADA). Title I protects qualified individuals with disabilities from discrimination in employment by State and local government employers and by private employers, when these employers have 15 or more employees. Title II protects individuals with disabilities from discrimination in all of the services, programs, and activities of State and local government entities. Title III protects individuals with disabilities from discrimination on the basis of disability by most privately owned businesses that offer goods and services to the public. The circumstances that your constituent describes do not appear to raise an issue over which we have jurisdiction. Nor (handwritten)FOIA -2are we aware of any other component of the Department of Justice or other Federal agency that would have authority to handle the matter. Instead, the issue Ms. XXX presents appears to be a matter over which a local government entity would have jurisdiction. Ms. XXX may wish to retain private counsel, or contact the local legal aid office, to ascertain what legal

options, if any, may be available to her. She also may find recourse through the appropriate State or local building department. The CABO standards are not mandatory unless the local jurisdiction has adopted them in its building codes. Other building code requirements may be in effect in Ms. XXX locality. If your constituent or your staff has questions about title II or title III of the ADA, they may call the Department's ADA information line at 1-800-514-0301 (voice) or 800-514-0383 (TDD). Members of the Disability Rights Section staff are available to answer questions on the information line on Monday, Tuesday, Wednesday, and Friday from 10:00 a.m. to 6:00 p.m., Eastern time. On Thursday, the information line is staffed from 1:00 p.m. to 6:00 p.m. We regret that we are unable to help your constituent further. I hope this information is helpful in responding to your constituent. Sincerely, Bill Lann Lee Acting Assistant Attorney General Civil Rights Division