The Americans with Disabilities Act (ADA) is one of America's most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life—to enjoy employment opportunities, to purchase goods and services, and to participate in state and local government programs and services.
To be protected by the ADA, one must have a disability, which is defined by the ADA as a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.
The ADA does not specifically name all of the impairments that are covered. The ADA is located in the United States Code, beginning at 42 U.S.C. §12101.
Private Residential Housing is Not Covered by the ADA—But Government Owned or Operated Housing Is
Although private residential housing is not covered by the ADA, government-owned or operated housing and certain privately owned facilities that provide housing are subject to the ADA and its accessibility requirements. Government owned or operated facilities may include public housing, student and faculty housing, employee housing, nursing homes, temporary housing provided in emergencies, and social service facilities, such as homeless shelters and halfway houses.
In the private sector, the ADA’s coverage of housing is limited to places of public accommodation, such as social service establishments and housing provided on or behalf a place of education. The ADA does not apply to individually owned or leased housing in the private sector not used as a public accommodation, including single family homes, condominiums, or apartments. But many types of multi-family housing in the private and public sectors are subject to the design requirements of the Fair Housing Act.
Places of public accommodation located in residential buildings, such as rental and sales offices, commercial spaces, and hotel accommodations, are covered by the ADA standards.
In Texas, as in all states, the Americans with Disabilities Act (ADA) provides a framework to protect individuals with disabilities from discrimination and ensure their equal participation in public life. The ADA defines a disability as a physical or mental impairment that significantly restricts one or more major life activities, including those with a history of such impairments or who are perceived by others as having such impairments. While the ADA does not cover private residential housing, it does apply to government-owned or operated housing and certain private facilities offering housing, such as those associated with educational institutions or social services. Private sector housing is generally not subject to the ADA unless it functions as a place of public accommodation, like rental offices or spaces within residential buildings that serve the public. However, the Fair Housing Act may impose design requirements on various types of multi-family housing to ensure accessibility for individuals with disabilities.
