Two decades ago, President George Bush signed into law the Americans with Disabilities Act (ADA). The passage of this law was a landmark success for advocates of civil rights for persons with disabilities as it extended into the private sector protections that had previously been limited to government and programs receiving federal funds (the Architectural Barriers Act of 1968 and Section 504 of the Rehabilitation Act, respectively.
Within one year, however, the US Government Accountability Office, the investigative arm of Congress, issued a critical report noting that there was widespread confusion about the then new law and its accessibility components. Within fifteen years, the Supreme Court took issue with the “broad and vague” definition of “individual with a disability” and suggested the Congress reconsider this issue…something the Congress has yet to do.
Notwithstanding these criticisms, however, the ADA is an important milestone for individuals with disabilities. The three Titles of the ADA are enforced by two different agencies: Title I (Employment) is enforced by the US Equal Employment Opportunity Commission (EEOC), while Titles II and III (State and Municipal facilities; Public Accommodations) are enforced by the US Department of Justice.
The ADA places a particular burden on Public Housing Authorities, which come under the law’s Title II and were already subject to the provisions of HUD regulations on Section 504 (24 CFR Part 8). Whereas Section 504 requires buildings built prior to 1989 to have a self-evaluation and transition plan that could involve making substantial modifications for accessibility, the ADA addresses itself to physical modifications that took place after January 26, 1992 — the date Title II became effective. This could mean a PHA being mindful of the requirements of the two laws, which have two different sets of accessibility standards (Section 504 uses the Uniform Federal Accessibility Standars [UFAS] while the ADA has the ADA Accessibility Guidelines [ADAAG], and this might require decisions about which standard is more stringently protective of the rights of persons with disabilities.
Section 42 Low Income Housing Tax Credit (LIHTC) buildings that do not receive any federal assistance from HUD or Rural Development are also subject to the ADA, since the absence of federal financial assistance excludes them from any Section 504-related responsibility.
If this sounds complicated, it can be. Keep in mind, however, that as we grow older and live longer, it is highly likely all of us will be considered individuals with disabilities at some point in our lives. This makes “individual with a disability” the least exclusive protected class in federal civil rights laws.