DJ 202-PL-113
                                          MAY 11 1992

Mr. Chandler Rand
Attorney
Mental Health Advocacy Project
111 West St. John, Suite 315
San Jose, California 95113

Dear Mr. Rand:

        This is in response to your letter requesting information
about the Americans with Disabilities Act (ADA).
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 you in understanding the ADA's requirements.
However, it does not constitute a legal interpretation and it is
not binding on the Department.

        You inquire whether the ADA covers public housing and
subsidized housing. Public housing is typically owned and
operated by a State or local government entity. Title II of the
ADA prohibits discrimination on the basis of disability in all of
the programs, activities, and services of State and local
government entities. Public housing operated by a State or local
government entity would be considered a program, activity or
service and is thus covered by title II.

        Strictly residential facilities that are privately owned are
not otherwise covered by the ADA. Subsidized housing is
typically owned and operated by private entities. Title II does
not cover a private entity simply because it receives State or
local financial assistance. However, any private entity that
receives Federal financial assistance, as many subsidized housing
facilities do, would be covered by section 504 of the
Rehabilitation Act which has similar obligations to those of
title II regarding nondiscrimination on the basis of disability.

cc: Records; Chrono; Wodatch; Magagna.
    :uddl:udd:magagna:pl.113
01-00749
                                - 2 -
        I have enclosed a copy of this Department's Title II
Technical Assistance Manual which further describes the coverage
of title II and also provides some discussion of section 504.
        I hope this information will be useful to you.

                                        Sincerely,


                                      Joan A. Magagna
                                      Deputy Director
                        Office on the Americans with Disabilities Act

Enclosure
01-00750
(Hand written)

March 10, 1992

To Whom it may concern:

        I read the handbook entitled: The Americans
With Disabilities Act Questions and Answers. I believe
it was published by the U.S. Equal Employment
Opportunity Commission and the U.S. Department
of Justice Civil Rights Division. It was
printed by the National Institute on Disability
and Rehabilitation Research (July, 1991).

        I have a question: Under the
miscellaneous section it states "All Government
facilities" are covered and yet it then states
residential apartment units are covered by the
Fair Housing Act. Here's my question:

                        Does the ADA Cover
                          1 Public Housing?
                          2 Subsidized Housing?
Thank You.
                        Chandler Rand
                        Attorney
                        Mental Health Advocacy Project
                        111 West St. John Suite 315
                        San Jose Ca ILLEGIBLE
01-00751