1997-037-RES WHEREAS, TEXAS DEPT OF HOUSING AND COMMUNITY AFFAIRS PROVIDES FUNDING

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1[1040 Americans with Disabilities Act . Auxiliary aids and services must be provided to enable a person with a disability to use and enjoy the goods or services of an establishment as long as the provision of the auxiliary aids does not pose an undue burden or is not disruptive to business. . If the policies, practices or procedures of an establishment have the effect of excluding disabled people, reasonable modifications to those policies, practices or procedures must be made unless they would fundamentally alter the nature of the business. . A person cannot be denied the services or goods of an establishment because he or she has an associa- tion or relationship with a disabled person. 111043 Structural Accessibillty - Removal of Architectural Barriers in New and Existing Facilities Section 303(a) of the ADA requires most new buildings constructed and ready for first occupancy after Jan,26, 1993, to be built to be accessible. The same holds true for major renovations begun after Jan. 26, 1992. Section 302(b)(2)(A)(iv) of the act also requires places of public accommodation to remove structural, architectural and communications barriers if such removal is "readily achievable." (see Figure 1043-A.) The "readily achievable" standard is defmed in the Justice Department title ill rules (28 C.P.R. ~36.1 04) as an action that is "easily accomplished and able to be carried out without much difficulty or expense." The factors to consider in determining whether an alteration is readily achievable include: (1) the nature and cost of the action needed; (2) the overall fmancial resources, staff size, the effect on expenses and resources and safety require- ments at the site(s) involved; and (3) the geographic separateness and any fmancial and administrative relationship between the site(s) and parent company, if applicable. These factors are the same ones used to decide whether a reasonable accommodation imposes undue hardship on an employer (see ~ 1024). Simply stated, if the public accommodation can demonstrate that barrier removal cannot be readily achieved, then it is not required. What the readily achievable standard will mean for any particular public accommodation depends on all the circumstances; it would probably include the addition of grab bars, simple ramping of a few steps, lowering telephones, adding raised letter and braille markings on elevator control buttons, adding flashing alarm lights and similar modest adjustments. For example, a restaurant may need to rearrange tables and chairs, or a department store may need to adjust its layout of display racks and shelves to permit access to individuals who use wheel- chairs, as long as these actions can be carried out without much difficulty or expense. The term readily achievable is unique to the ADA; it was perhaps the only key concept in the law not taken from section 504, It also markS a significant change from section 504, which does not require that existing facilities be made immediately accessible, only that programs be accessible. Under section 504, a program must be accessible "when viewed in its entirety" (see ~330); not every facility must be accessible. And accessibility need not be achieved solely through structural changes. Whenever alternative methods are successful in achieving program accessibility, the time and expense of facility renovation work may be . avoided (see pOl, ~350). Grantees covered by title ill are subject to the readily achievable requirement. Tab 1000 . Page 106 November 1991 Handicapped Requirements Handbook