Disability Rights Laws Applicable to Student Housing

Applicable Law Public Post-Secondary Dorm Public Post-Secondary Apartments Private Post-Secondary Dorm Private Post-Secondary Owned (not just operated by)
ADA Title II Applies.  General program accessibility obligations apply to all student housing of this type.  Newly constructed or altered facilities must comply with the relevant provisions of the ADA Accessibility Guidelines (ADAAG).  It is the position of the USDOJ (Title II Technical Assistance Manual) that dormitories are covered under the ADAAG generally, and Chapter 9 on transient lodging, specifically. Applies.  General program accessibility obligations apply to all student housing of this type.  Newly constructed or altered facilities must comply with the relevant provisions of the ADA Accessibility Guidelines (ADAAG).  It is the position of the USDOJ (Title II Technical Assistance Manual) that dormitories are covered under the ADAAG generally, and Chapter 9 on transient lodging , specifically. Does not apply. Does not apply.
ADA Title III Applies only to places of public accommodations within these settings (public areas, management offices, eateries, retail spaces open to the public). Applies only to places of public accommodations within these settings (public areas, management offices, eateries, retail spaces open to the public). Applies Applies

Rehabilitation Act § 504

Applies where federal money flows to institution (generally same obligations as above) Applies where federal money flows to institution (generally same obligations as above) Applies where federal money flows to institution (General non-discrimination in provision of housing) Applies where federal money flows to institution (General non-discrimination in provision of housing)
Architectural Barriers Act Applies where federal money is directed at construction or alteration (Follow UFAS minimally) Applies where federal money is directed at construction or alteration (Follow UFAS minimally) Rare: Applies where federal money is directed at construction or alteration (Follow UFAS minimally) Rare: Applies where federal money is directed at construction or alteration (Follow UFAS minimally)
FHA – general non-discrimination Applies (no denial of services, and right to reasonable accommodations and modifications) Applies (no denial of services, and right to reasonable accommodations and modifications) Applies (no denial of services, and right to reasonable accommodations and modifications) Applies (no denial of services, and right to reasonable accommodations and modifications)
FHA Design Guidelines Applies to new construction and the areas, and dwelling units  designed and constructed, and portion of units altered, for first occupancy after March 13, 1991. Applies to new construction and the areas, and dwelling units  designed and constructed, and portion of units altered, for first occupancy after March 13, 1991. Applies to new construction and the areas, and dwelling units  designed and constructed, and portion of units altered, for first occupancy after March 13, 1991 Applies to new construction and the areas, and dwelling units  designed and constructed, and portion of units altered, for first occupancy after March 13, 1991.
Texas Accessibility Standards Applies to new construction and alteration (see also and specifically Section 9  for Transient Lodging) Common areas must comply, dwelling areas- depends on nature of residency – contact TDLR Applies to new construction and alteration (see also and specifically Section 9  for Transient Lodging) Common areas must comply, dwelling areas- depends on nature of residency – contact TDLR
Other local law Consider state and local building codes, and barrier removal law.  Review requirements for multi-family (and definition), and by type of occupancy (intended use) Consider state and local building codes, and barrier removal law.  Review requirements for multi-family (and definition), and by type of occupancy (intended use) Consider state and local building codes, and barrier removal law.  Review requirements for multi-family (and definition), and by type of occupancy (intended use) Consider state and local building codes, and barrier removal law.  Review requirements for multi-family (and definition), and by type of occupancy (intended use)