Laws and Regulations
Americans with Disabilities Act (ADA)
The ADA was the first civil rights bill to be passed giving people with disabilities the same protection from discrimination as other minority groups. Since its passage in 1990 we have seen many changes to our society that allow people with disabilities the same access to mainstream society as every other person in our country.
Title I – Employment
This act prohibits discrimination against a qualified applicant and employees on the basis of disability.
Title II – Public Entities
This act prohibits all local and state governments from discriminating against an individual with a disability. Individuals should not be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.
Primer for State and Local Governments from ADA.gov
Title III – Private Entities
No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any private entity who owns, leases (or leases to), or operates a place of public accommodation.
Primer for Small Businesses from ADA.gov
Guidance for Businesses from ADA.gov
Title IV – Telecommunications
Title V – Miscellaneous
Title V of the Americans with Disabilities Act (ADA) sets forth miscellaneous provisions:
- Requires the U.S. Access Board to issue accessibility standards.
- Allows for attorney’s fees to be awarded to prevailing parities in suits filed under the ADA
- Requires federal agencies to provide technical assistance.
- State specifically that illegal use of drugs is not a covered disability.
- Provides that state and local laws that mandate equal or greater protection to individuals with disabilities are not superseded or limited by the ADA.
ADA Provisions, Updates, and Technical Assistance
U.S. Access Board
This agency wrote the Americans with Disabilities Act Accessibility Guidelines (ADAAG).
ADA Enforcement
U.S. Department of Justice, Office of Civil Rights
This agency adopts regulations and enforces the ADA.
Guidance and Training Resources
Southwest ADA Center
The Southwest ADA Center, based in Houston, provides research, education, consultation and training in areas of Independent Living Research Utilization.
ADA National Network
The ADA National Network provides information, guidance and training on how to implement the Americans with Disabilities Act (ADA) in order to support the mission of the ADA to “assure equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”
Rehabilitation Act
The Rehabilitation Act of 1973 requires access to programs and activities that are funded by Federal agencies and access to Federal employment. The law also established the Access Board (Section 502). Later amendments strengthened requirements for access to electronic and information technology in the Federal sector (Section 508). With passage the Patient Protection and Affordable Care Act in 2010, a new provision (Section 510) was added to address access to medical diagnostic equipment. The Board plays a lead role in developing and maintaining standards for electronic and information technology under section 508 and medical diagnostic equipment covered by section 510.
Section 502 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) (The Access Board)
Section 502 lays out the duties of the Board under the ABA, which include: ensuring compliance with standards issued under the ABA, developing and maintaining guidelines upon which the standards are based, and promoting access throughout all segments of society. This section of the law also outlines the membership and composition of the Board.
Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d) (Federal Electronic and Information Technology)
The Board is responsible for developing accessibility standards for such technology for incorporation into regulations that govern Federal procurement practices. The net result will be that Federal agencies will have to purchase electronic and information technology that is accessible except where it would cause an “undue burden.” The law also provides a complaint process under which complaints concerning access to technology will be investigated by the responsible Federal agency.
Section 510 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794f) (Medical Diagnostic Equipment)
On March 23, 2010, President Barack Obama signed into law “The Patient Protection and Affordable Care Act” to reform and extend the provision of health care. The law includes a provision to amend the Rehabilitation Act to address access to medical diagnostic equipment, including examination tables and chairs, weight scales, x-ray machines and other radiological equipment, and mammography equipment. Under this amendment, the Board is authorized to develop access standards for medical diagnostic equipment in consultation with the Food and Drug Administration. The standards are to address independent access to, and use of, equipment by people with disabilities to the maximum extent possible. The Board is also responsible for periodically reviewing and updating the standards.
Architectural Barriers Act
Federal agencies are responsible for ensuring compliance with the ABA standards when funding the design, construction, alteration, or leasing of facilities. The Board was created to enforce the ABA, which it does through the investigation of complaints. Anyone concerned about the accessibility of a facility that may have received Federal funds can file a complaint with the Board.
Voting
NMSA 1978, Section 1-3-4. Consolidation of precincts.
G. Unless the county clerk receives a written waiver from the secretary of state specifying the location and specific provision being waived, each consolidated precinct polling location shall:
(3) have at least one voting system available to assist disabled voters to cast and record their votes;
(4) have sufficient spaces for at least five voters to simultaneously and privately mark their ballots, with at least one of those spaces wheelchair-accessible; and
(5) be in a location that is accessible and compliant with the requirements of the federal Americans with Disabilities Act of 1990.
NMSA 1978, Section 1-3-19. Election-day polling places; adequate resources.
A. Each election-day polling place in a primary or general election that does not contain mail ballot election precincts or precincts consolidated pursuant to NMSA 1978, Section 1-3-4 shall comply with the requirements for polling places and precincts as provided in Subsections B and C of this section, unless the county clerk receives a written waiver from the secretary of state specifying the location and specific provision being waived.
B. Each polling place shall:
(1) have at least one voting system available to assist disabled voters to cast and record their votes; and
(2) be in a location that is accessible and compliant with the requirements of the federal Americans with Disabilities Act of 1990.
C. Each precinct polling place located within a single polling place shall have:
(3) sufficient spaces for at least five voters to simultaneously and privately mark their ballots, with at least one of those spaces wheelchair-accessible , for the precinct.
1-6-5.7. Early voting ; use of absentee voting procedures; alternate voting locations.
D. Each alternate voting location shall comply with the following provisions, unless the county clerk receives a written waiver from the secretary of state specifying the location and specific provision being waived:
(3) have at least one voting system available to assist disabled voters to cast and record their votes;
(5) have sufficient spaces for at least five voters to simultaneously and privately mark their ballots, with at least one of those spaces wheelchair-accessible; and
(7) be in a location that is accessible and compliant with the requirements of the federal Americans with Disabilities Act of 1990.
Help America Vote Act (HAVA)
The Help America Vote Act (HAVA), signed into law by President Bush on October 9, 2002, was designed to improve the overall voting system in America. Included in HAVA was the seminal requirement for each polling place to have at least one “accessible voting system” to support individuals with disabilities ability to vote privately and independently.
State Building Codes and Regulations
This rule applies to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structure performed in New Mexico on or after June 13, 2017, that is subject to the jurisdiction of Construction Industries Division (CID), unless performed pursuant to a permit for which an application was received by CID before that date.
American National Standards Institute A117.1 2009 (ANSI)
Though ANSI itself does not develop standards, the Institute oversees the development and use of standards by accrediting the procedures of standards developing organizations. ANSI accreditation signifies that the procedures used by standards developing organizations meet the Institute’s requirements for openness, balance, consensus, and due process.
ANSI also designates specific standards as American National Standards, or ANS, when the Institute determines that the standards were developed in an environment that is equitable, accessible and responsive to the requirements of various stakeholders.
International Building Code 2015 (IBC)
The International Building Code (IBC) is a model building code developed by the International Code Council (ICC). It has been adopted throughout most of the United States.
United States Access Board
Parking
NMSA 1978, Section 66-1-4.1(B) – Definitions.
“Access aisle” means a space designed to allow a person with a significant mobility limitation to safely exit and enter a motor vehicle that is immediately adjacent to a designated parking space for persons with significant mobility limitation and that may be common to two such parking spaces of at least sixty inches in width or, if the parking space is designed for van accessibility, ninety-six inches in width, and clearly marked and maintained with blue striping and, after January 1, 2011, the words “NO PARKING” in capital letters, each of which shall be at least one foot high and at least two inches wide, placed at the rear of the access aisle so as to be close to where an adjacent vehicle’s rear tires would be placed.
NMSA 1978, Section 66-7-352.5(E) – Unauthorized use; penalties.
A. It is unlawful for any person to park a motor vehicle not displaying a special registration plate or a parking placard issued pursuant to NMSA 1978, Section 66-3-16 in a designated accessible parking space for persons with significant mobility limitation.
B. It is unlawful for any person to park a motor vehicle in such a manner so as to block access to any part of a curb cut designed for access by persons with significant mobility limitation.
C. A person convicted of violating Subsection A or B of this section is subject to a fine of not less than two hundred fifty dollars ($250) or more than five hundred dollars ($500). Failure to properly display a parking placard or special registration plate issued pursuant to Section 66-3-16 is not a defense against a charge of violation of Subsection A or B of this section.
D. A vehicle parked in violation of Subsection A or B of this section is subject to being towed at the expense of the vehicle owner upon authorization by law enforcement personnel or by the property owner or manager of a parking lot.
E. A law enforcement officer may issue a citation or authorize towing of a vehicle for a violation of Subsection A or B of this section regardless of the presence of the driver.
NMSA 1978, Section 66-3-16(D) – Distinctive registration plates; persons with significant mobility limitation; parking placard.
A. The division shall issue distinctive registration plates for use on motor vehicles and motorcycles owned by a person with a significant mobility limitation who requests a distinctive registration plate and who proves satisfactorily to the division that the person meets the standard provided in Subsection J of this section. No fee in addition to the regular registration fee, if any, applicable to the motor vehicle or motorcycle shall be collected for issuance of distinctive registration plates pursuant to this section.
B. No person shall falsely claim to have a significant mobility limitation so as to be eligible to be issued a distinctive registration plate or a parking placard pursuant to this section when the person does not in fact have a significant mobility limitation. Upon notice and opportunity to be heard, the division may revoke and demand return of any placard when:
(1) it was issued in error or with false information;
(2) the person receiving the placard is no longer eligible; or
(3) the placard is being used by ineligible persons.
C. Upon written application to the division accompanied by a medical statement by a licensed physician or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person’s scope of practice attesting to the permanent significant mobility limitation, a resident of the state who has a significant mobility limitation, as provided in this section, may apply for and be issued no more than two parking placards for display upon a motor vehicle registered to the person or motor vehicle owned by another person who is transporting the person with a significant mobility limitation. The physician or the physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person’s scope of practice shall provide the division all information and records necessary to issue a permanent parking placard. Once approved for use of a permanent parking placard, a person with a significant mobility limitation shall not be required to furnish further medical information.
D. A parking placard issued pursuant to this section shall expire four years from the date it was issued.
E. The division shall issue two-sided hanger-style parking placards with the following characteristics:
(1) a picture of the international symbol of access;
(2) a hologram to make duplication difficult;
(3) an imprinted expiration date; and
(4) a full-face photograph of the holder on the inside of the placard covered by a flap.
F. The division shall consult with the Governor’s Commission on Disability for continued issuance and format of the placard.
G. The division may issue an identification card containing a full-face photograph of the holder of the registration plate or parking placard and the number of the registration plate or parking placard issued to that person.
H. Upon written application to the division accompanied by a medical statement from a licensed physician or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person’s scope of practice attesting to a temporary significant mobility limitation, a person may be issued a temporary placard for no more than one year. The physician or the physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person’s scope of practice shall provide the division all information and records necessary to issue a temporary placard.
I. Registration plates or parking placards issued to a person with a significant mobility limitation by another state or foreign jurisdiction shall be honored until the motor vehicle or motorcycle is registered or the parking placard holder establishes residency in this state.
J. A “person with a significant mobility limitation” means a person who:
(1) cannot walk one hundred feet without stopping to rest;
(2) cannot walk without the use of a brace, cane or crutch or without assistance from another person, a prosthetic device, a wheelchair or other assistive device;
(3) is restricted by lung disease to such an extent that the person’s forced respiratory volume, when exhaling for one second, when measured by spirometry, is less than one liter or the arterial oxygen tension is less than sixty millimeters on room air at rest;
(4) uses portable oxygen;
(5) has a severe cardiac condition; or
(6) is so severely limited in the ability to walk due to an arthritic, neurologic or orthopedic condition that the person cannot ascend or descend more than ten stair steps.
Housing
Fair Housing Provisions and Enforcement
U.S. Housing and Urban Development (HUD)
This agency wrote the Fair Housing Amendment Act (FHAA) and enforces its implementation.
Disability Under The Fair Housing Act
Southwest ADA Center
The Southwest ADA Center, based in Houston, provides research, education, consultation and training in areas of Independent Living Research Utilization.
Phone: 800-949-4232
V/TTY: 713-520-0232
Frequently Asked Questions about Fair Housing Amendment Act (FHAA)
Q: What are the landlord’s responsibilities under the Fair Housing Amendment Act (FHAA) to make a reasonable modification of existing premises?
A: When a tenant requests a reasonable accommodation, the landlord and tenant must work together to find a reasonable solution. Click here for an official answer from HUD.
Q: Can an owner or manager request proof of a disability when a tenant asks for an accommodation?
A: Yes. The owner or manager can ask the tenant for a letter from a health care professional identifying the tenant’s disability in relation to the accommodation being requested.
Q: What building code applies to new construction and alterations in New Mexico?
A: As you know there are slight differences in the state and federal access requirements, with the stricter provision prevailing. See IBC 102.1. The two minimum guidelines are:
- The NMBC 2003 which adopts the IBC 2003 and makes amendments to Chapter 11 – Accessibility, Appendix E Supplementary Accessibility Requirements, and several other sections pertinent to accessibility. The IBC 2003 is the “scoping” document identifying the number and location of accessible elements. IBC 2003 then adopts the ICC / ANSI A117.1-1998 which provides “technical standards” identifying how to build accessible elements.
- The federal ADA allows use of the ADAAG “scoping” and “technical standards” for private and public entities. Public entities (government facilities) cannot use the elevator exception in the ADAAG.
These are both minimum requirements, and good design practice may call for augmented accessibility features depending on the nature of the project. Our review is intended to cover the state requirements, federal requirements and good design practice.
Q: Does HUD provide technical assistance for the Fair Housing Amendment Act?
A: YES. You can visit the Fair Housing FIRST website site here for useful information on-line. They also provide a toll free phone number, 888-341-7781, for Technical Assistance.
Q: Are there tax incentives available to the owner/manager for making reasonable accommodations?
A: Federal Tax incentives are available to business owners. Click here to learn more.
Transportation
ADA Title II: Public Transportation
The transportation provisions of Title II cover public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak). Public transportation authorities may not discriminate against people with disabilities in the provision of their services. They must comply with requirements for accessibility in newly purchased vehicles, make good faith efforts to purchase or lease accessible used buses, remanufacture buses in an accessible manner, and, unless it would result in an undue burden, provide paratransit where they operate fixed-route bus or rail systems. Paratransit is a service where individuals who are unable to use the regular transit system independently (because of a physical or mental impairment) are picked up and dropped off at their destinations. Questions and complaints about public transportation should be directed here.
Federal Highway Administration (FHWA)
The primary purpose of the Federal Highway Administration’s (FHWA) Americans with Disabilities Act (ADA) program is to ensure that pedestrians with disabilities have opportunity to use the transportation system in an accessible and safe manner. As part of FHWA’s regulatory responsibility under Title II of the ADA and Section 504 of the Rehabilitation Act of 1973 (504), the FHWA ensures that recipients of federal aid and state and local entities that are responsible for roadways and pedestrian facilities do not discriminate on the basis of disability in any highway transportation program, activity, service or benefit they provide to the general public; and to ensure that people with disabilities have equitable opportunities to use the public rights-of-way system.
Laws and regulations require accessible planning, design, and construction to integrate people with disabilities into mainstream society. Further, these laws require that the actions of government highway entities do not discriminate in their programs and activities against persons with disabilities.
Section 504 of the 1973 Rehabilitation Act (Public Law 93-112) prohibits discrimination on the basis of disability in federally assisted programs. Section 504 requirements for USDOT administrations are covered under 49 CFR Part 27 (USDOT), Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Financial Assistance.
The Department of Justice (DOJ) has rulemaking authority and enforcement responsibility for Title II, while USDOT is legally obligated to implement compliance procedures relating to transportation, including those for highways, streets, and traffic management. The FHWA Office of Civil Rights oversees the DOT requirements in these areas.
Section 504 responsibilities not detailed specifically in Title II of the ADA are: Rest areas on Interstate highways must be accessible; and pedestrian overpasses, underpasses, and ramps constructed with Federal financial assistance must be accessible.
Key FHWA Stewardship/Oversight Responsibilities
- Ensure that FHWA recipients and subrecipients are informed of their responsibilities to provide accessibility in their programs, activities, and facilities (i.e., public rights-of-way).
- Ensure that recipients and subrecipients are applying appropriate accessibility standards to all transportation facilities.
- Ensure that all complaints filed under Section 504 or the ADA are processed in accordance with established complaint procedures.
Federal Transit Administration (FTA)
The Federal Transit Administration (FTA) provides guidance to recipients and subrecipients of Federal Transit Administration (FTA) financial assistance necessary to carry out provisions of the Americans with Disabilities Act (ADA) of 1990, Section 504 of the Rehabilitation Act of 1973, as amended, and the U.S. Department of Transportation’s implementing regulations at 49 CFR Parts 27, 37, 38, and 39.
Employment
U.S. Equal Employment Opportunity Commission
This agency assists with any questions on employment, including ADA Title I Employment.
Phone: 800-669-4000
Fax: 505-248-5192
TTY: 800-669-6820
Job Accommodation Network (JAN)
This organization answers questions on job accommodations.
Phone: 800-526-7234
TTY: 877-781-9403
Southwest ADA Center
The Southwest ADA Center, based in Houston, provides research, education, consultation and training in areas of Independent Living Research Utilization.
Title I of the Americans with Disabilities Act of 1990 (ADA)
Title I of the Americans with Disabilities Act of 1990 (ADA) prohibits private and public entities that employ 15 or more employees and state and local governments from discriminating against qualified individuals with disabilities with respect to recruitment, privileges of employment. Employers covered by Title I of the ADA must also make reasonable accommodations so that a qualified individual with a disability may participate in the application process. Reasonable accommodations must also be provided to allow a qualified employee to perform their essential duties while enjoying the benefits and privileges of employment that are available to all employees.
ADA Enforcement
U.S. Department of Justice, Office of Civil Rights
This agency adopts regulations and enforces the ADA.
Phone: 800-514-0301
TTY: 800-514-0383