APR 9, 1993


The Honorable Jim Saxton
Member, U.S. House of Representatives
7 Hadley Avenue
Toms River, New Jersey 08753

Dear Congressman Saxton:

     This letter is in response to your inquiry on behalf of your
constituent,       XX         who seeks information about the
Americans with Disabilities Act ("ADA"), the provision of public
housing, and the provision of job training.

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities having rights or
obligations under the Act. This letter provides informal
guidance to assist your constituent in understanding the ADA's
provisions. It does not, however, constitute a legal
interpretation, and it is not binding on the Department.

     (b)(6)     expresses concern that title II of the ADA is
geared more towards protecting the rights of individuals who use
wheelchairs than towards protecting the rights of individuals who
have mental disabilities. This is not the case. Title II of
the ADA prohibits discrimination on the basis of disability by
any public entity. Section 35.103 of the enclosed title II
regulation defines "disability" as any "physical or mental
impairment that substantially limits one or more of the major
life activities of such individual; a record of such an
impairment; or being regarded as having such an impairment."
The rights of those with mobility impairments and those with
mental impairments are, therefore, equally protected under title
II of the ADA.


cc: Records, Chrono, Wodatch, McDowney, Perley, FOIA, Magagna.
    udd\perley\congress\saxton












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        If  (b)(6)      is aware of any person who the State of New
Jersey may be discriminating against because of his or her mental
disability, he may file a complaint with the Department of
Justice.          XX       should send any relevant information,
including the names and addresses of the agencies he alleges to
be in violation of the ADA, to:

          Coordination and Review Section
          Civil Rights Division
          U.S. Department of Justice
          P.O. Box 66118
          Washington, D.C. 20035-6118

     In addition, the Fair Housing Act, which contains
nondiscrimination and accessibility provisions relating to people
with disabilities, may apply to     XX        housing situation.
For more information on the Fair Housing Act,    XX       may
contact:

          U.S. Department of Housing and Urban Development
          Office of Fair Housing
          451 Seventh St., S.W.
          Washington, D.C. 20410-2000
          (202) 708-8041

     Nevertheless,  (b)(6)   should be advised that there are
no affirmative obligations under the ADA to provide services or
housing to those with disabilities. The Act was drafted to
prohibit discrimination; there are no requirements regarding the
provision of additional or specialized programs. To the extent
that the State of New Jersey provides public housing and public
job training programs, it may not discriminate against an
individual on the basis of his or her particular disability.
However, the State of New Jersey has no ADA obligation to provide
additional or specialized programs for individuals with
disabilities.

     I hope that this information will be useful to you in
responding to your client.

                              Sincerely,


                             James P. Turner
                    Acting Assistant Attorney General
                           Civil Rights Division


Enclosure


01-01992

                    Congress of the United States
                       House of Representatives
                         Washington, DC 20515
              WRITTEN AUTHORIZATION UNDER THE PROVISIONS OF 
                        THE PRIVACY ACT OF 1974

DATE: FEB/12/93
     
DEAR CONGRESSMAN H. JAMES SAXTON:
     
I would like to request your assistance with the following problem
I am having with the Agency listed below:  US Dept of Justice
Agency Name: ADA TITAL II Civil Rights Division POB ILLEGIBLE
To comply with the provisions of the Privacy Act of 1974, I am    
authorizing you or the appropriate member of your Congressional   
staff to request pertinent information on me which would be re-   
quired in your investigation of the matter I have outlined below. 
Please, give a detailed description of the problem you are exper-
iencing with the above cited agency. If additional space is re-
quired, please use the reverse side.

(HANDWRITTEN)

Under The Americans with Disabilities Act.
Tital II. Talks about fair housing
jobs but its geared more toward the
wheelchair person then the emotional
mental health consumer. The Highland
Plaza, Asbury Towers and other 
section 8 housing programs under
N.J. Mortgage and Fiance are 100%
seniors or 99%            (What about the
(The wheel chair person    younger disabled.)  (over)
is covered 1 per 10 units)   None in units
                                 SIGNATURE  (b)(6)
Please print or type:
Name:  (b)(6)
     (last)    (first)        (middle)
Address   XX
          (number & street)
City Toms River   State NJ    Zip 08755
Home Telephone   XX             Bus. Telephone   -----
Social Security #  XX      Other I.D.   XX

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(HANDWRITTEN)
Also under Job Training and Jobs.
The pic program refers the mental
Health consumer to ILLEGIBLE. And
from their to the Easter Seals
workshop . With Higher Function Disabled,
(the slower learner)
its tuff with the slow learner..
All Disabled should be covered to make
the ADA fair, which at this time
its not!
An amendment should be added to
included Housing, Job Training and Jobs
for the consumer, as well as all Disabled.

               Thank you,
             ILLEGIBLE ILLEGIBLE













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