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 New Hampshire, as in the rest of the United States, the Americans with Disabilities Act (ADA) serves as a critical framework for protecting the rights of individuals with disabilities, ensuring they have equal access to employment, goods, services, and government programs. Under the ADA, a disability is defined as a physical or mental impairment that significantly restricts one or more major life activities, or being regarded as having such an impairment. While the ADA does not cover private residential housing, it does apply to government-owned or operated housing and certain private facilities that offer housing, including public housing and housing associated with educational institutions. Private sector housing is generally not subject to the ADA unless it functions as a place of public accommodation, such as a shelter or a residential building with public spaces like rental offices. However, the Fair Housing Act may impose accessibility requirements on various types of multi-family housing. It's important to note that while the ADA provides a federal baseline, New Hampshire may have additional laws and regulations that further protect the rights of individuals with disabilities in housing and other areas.