Ask the ADA

Most common questions about ADA

by RACHAEL STAFFORD

Q: I need a ramp to get into my apartment building; however, my landlord won’t install one. Can the ADA help me with this issue?

A: Generally, privately owned apartment buildings are covered under the Fair Housing Act, and not the Americans with Disabilities Act. At the time of construction, older apartment buildings may not have been required to provide a ramp; however, under the Fair Housing Act, the landlord is generally required to allow a tenant to install a ramp at the tenant’s expense. See joint statement of the Department of Housing and Urban Development and the Department of Justice Reasonable Modifications Under Fair Housing Act.
For more resources on the Fair Housing Act, see Fair Housing Accessibility FIRST .

Q: I have a child with a disability. I’m returning to work and need to place her in day care. Does the ADA apply to childcare facilities?

A: Almost all childcare centers, regardless of size or number of employees, are covered by the ADA. The ADA applies to privately run childcare centers and home day care providers. Like other public accommodations such as private schools, restaurants, hotels, movie theaters, banks, and childcare providers must comply with Title III of the ADA. Even small, home-based centers are covered. Day care facilities that are owned and operated by a government agency, for example school districts that provide an after school program, are responsible to meet ADA requirements under Title II of the ADA.
Childcare centers controlled by religious entities, such as churches, mosques or synagogues, are not covered by Title II or by Title III.

Q: With the ADA’s 25th anniversary year in 2015, what events and happenings can the country expect?

A: The year 2015 is certainly a big year for the ADA. Across the country, you can look forward to the regional ADA centers hosting various events for the public. In May, the ADA National Symposium will occur in Atlanta, Ga., providing the latest information on ADA regulations, implementation strategies and best practices through dynamic, interactive sessions. In addition, an important awareness campaign will launch, targeting major media outlets.

Rachael Stafford is the project director for The Rocky Mountain ADA Center, which provides information, guidance and training on ADA for individuals and organizations. The Rocky Mountain ADA Center is one of 10, regional ADA Centers in the ADA National Network. Information provided in this article is intended solely as guidance and is not a determination of your legal rights or responsibilities under the ADA.

Find your regional ADA Center by calling 1-800-949-4232.

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