2. Statutory and Regulatory Background

The ADA prohibits discrimination on the basis of disability.5 The ADA requires facilities constructed or altered by state and local governments, and public accommodations and commercial facilities constructed or altered by private entities to be readily accessible to and usable by individuals with disabilities. DOJ is required to adopt accessibility standards for the design, construction, and alteration of facilities (other than certain transportation facilities) by entities subject to the ADA.6 

The ABA requires facilities constructed or altered with federal funds and facilities leased by federal agencies to be readily accessible to and usable by individuals with disabilities.7 HUD is required to adopt accessibility standards for the design, construction, and alteration of residential facilities by entities subject to the ABA.8 

We are required by the ADA and the Rehabilitation Act to issue guidelines for the accessibility standards adopted by DOJ for the design, construction, and alteration of facilities (other than certain transportation facilities) by entities subject to the ADA.9 We are also required by the Rehabilitation Act to issue guidelines for the accessibility standards adopted by HUD for the design, construction, and alteration of residential facilities by entities subject to the ABA.10 Our current guidelines, the ADA and ABA Accessibility Guidelines, were issued in 2004.

DOJ updated its accessibility standards for the design, construction, and alteration of facilities (other than certain transportation facilities) by entities subject to the ADA in 2010. The DOJ 2010 standards reference the 2004 ADA and ABA Accessibility Guidelines and include additional requirements.11 HUD adopted UFAS for the design, construction, and alteration of residential facilities by entities subject to the ABA in 1984.12 HUD has not yet updated its standards for residential facilities to be consistent with the ADA and ABA Accessibility Guidelines.