Capitalized words in this subchapter have the meaning assigned
in the specific chapter and rules of the title that govern the program
associated with matter or assigned by federal or state law. In addition,
the following terms are used for the purposes of this subchapter:
(1) 2010 ADA Standards--The term 2010 ADA Standards
refers to the 2010 ADA Standards for Accessible Design implementing
Title II of the Americans with Disabilities Act of 1990, including
the ADA Amendments of 2008, found at 28 CFR Part 35. This term includes
both the Title II (28 CFR §35.151) and 2004 ADAAG (36 CFR Part
1991). If there is a conflict between 2004 ADAAG and Title II the
requirements of Title II prevail.
(2) Accessible Route--A continuous unobstructed path
connecting accessible elements and spaces in a facility or building
that complies with the space and reach requirements of the applicable
(3) Alteration--Any physical change in a facility or
its permanent fixtures or equipment. It includes, but is not limited
to, remodeling, renovation, rehabilitation, reconstruction, changes
or rearrangements in structural parts and extraordinary repairs. It
does not include normal maintenance or repairs, reroofing, interior
decoration, or changes to mechanical systems.
(4) Disability--A physical or mental impairment that
substantially limits one or more major life activities; or having
a record of such an impairment; or being regarded as having such an
impairment. Nothing in this definition requires that a dwelling be
made available to an individual whose tenancy would constitute a direct
threat to the health or safety of other individuals or whose tenancy
would result in substantial physical damage to the property of others.
Included in this meaning is the term handicap as defined in the Fair
Housing Act, and the term disability as defined in the Americans with
(5) Multifamily Housing Development--A project that
includes five or more dwelling units. A project may consist of five
single family homes, a single building with five or more units, or
five or more units in multiple buildings each with one or more units.
A project includes the whole of one or more residential structures
and appurtenant structures, equipment, roads, walks, and parking lots
which are covered by a single contract or application, or which are
treated as a whole for processing purposes, whether or not located
on a common site.
(6) Reasonable Accommodation--An accommodation and/or
modification that is an alteration, change, exception, or adjustment
to a program, policy, service, building, or dwelling unit, that will
allow a qualified person with a Disability to:
(A) Participate fully in a program;
(B) Take advantage of a service;
(C) Live in a dwelling; or
(D) Use and enjoy a dwelling.
(7) Recipient--Includes a Subrecipient or Administrator
and means any State or its political subdivision, any instrumentality
of a State or its political subdivision, any public or private agency,
institution, organization, or other entity, or any person to whom
assistance or an award is extended for any program or activity directly
or through another Recipient, including any successor, assignee, or
transferee of a Recipient, but excluding the ultimate beneficiary
of the assistance. Recipients include private entities in partnership
with Recipients to own or operate a program or service. This term
includes Development Owner.