36 CFR Part 1191 ADA and ABA Accessibility Guidelines for Emergency Transportable Housing Units

Legal Authority and Purpose

We are required by the Americans with Disabilities Act (ADA) and the Rehabilitation Act to issue guidelines for the accessibility standards adopted by the U.S. Department of Justice (DOJ) for the design, construction, and alteration of facilities (other than certain transportation facilities) by entities subject to the ADA.² We are also required by the Rehabilitation Act to issue guidelines for the accessibility standards adopted by the U.S. Department of Housing and Urban Development (HUD) for the design, construction, and alteration of residential facilities by entities subject to the Architectural Barriers Act (ABA).³ Our current guidelines, the ADA and ABA Accessibility Guidelines, were issued in 2004.4 This final rule amends the ADA and ABA Accessibility Guidelines to specifically address emergency transportable housing units provided to disaster survivors by entities subject to the ADA or ABA. Compliance is not required by entities subject to the ADA until DOJ updates its accessibility standards to be consistent with the final rule. Compliance is not required by entities subject to the ABA until HUD updates its accessibility standards to be consistent with the final rule.

^2. 29 U.S.C. 792 (b) (3) and 42 U.S.C. 12204.

^3. 29 U.S.C. 792 (b) (3).

^4. 36 CFR part 1191.