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

                                   - 2 -

are 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