28 CFR 35.151 - New construction and alterations

Cite as28 CFR 35.151
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
209 practice notes
  • Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements
    • United States
    • Federal Register December 17, 2012
    • December 17, 2012
    ...Federal assistance. The U.S. Department of Justice issued regulations implementing Title II of the Americans with Disabilities Act (ADA) (28 CFR part 35; 75 FR 56164, as amended by 76 FR 13285) and Title III of the ADA (28 CFR part 36; 75 FR 56164, as amended by 76 FR 13286). These regulati......
  • Public Housing Capital Fund Program
    • United States
    • Federal Register October 24, 2013
    • October 24, 2013
    ...(including compliance with the accessible design and construction requirements contained in 24 CFR 8.32, 24 CFR part 40, 24 CFR part 100, 28 CFR 35.151, and 28 CFR part 36, as applicable) and the development of mixed-finance projects, including the (1) Modernization. Modernization is define......
  • Part III
    • United States
    • Federal Register June 17, 2008
    • June 17, 2008
    ...entity is, independently, planning an alteration that is not undertaken in fulfillment of its program accessibility obligations. See 28 CFR 35.151(b). The proposed safe harbor for title II operates only with respect to elements that are in compliance with the scoping and technical specifica......
  • Montoya v. City of San Diego, Case No.: 19cv0054 JM(BGS)
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • January 21, 2020
    ...find themselves free to ignore access concerns when altering of building new rights-of-way, parks, and playgrounds. The requirements of 28 C.F.R. 35.151 would still apply, holding public entities to the ‘readily accessible [ ] and usable’ standard." Kirola v. City & Cnty. of S.F. , 860 F.3d......
  • Request a trial to view additional results
185 cases
  • Montoya v. City of San Diego, Case No.: 19cv0054 JM(BGS)
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • January 21, 2020
    ...find themselves free to ignore access concerns when altering of building new rights-of-way, parks, and playgrounds. The requirements of 28 C.F.R. 35.151 would still apply, holding public entities to the ‘readily accessible [ ] and usable’ standard." Kirola v. City & Cnty. of S.F. , 860 F.3d......
  • Kirola v. City & Cnty. of S.F., Case No: C 07–3685 SBA
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • November 26, 2014
    ...696.“New construction and alterations” commenced after January 26, 1992, are subject to more exacting requirements. Specifically, under 28 C.F.R. § 35.151, “[e]ach facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructe......
  • Scharff v. Cnty. of Nassau & Shila Shah-Gavnoudias, 10 CV 4208 (DRH)(AKT)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • June 2, 2014
    ...between existing facilities, which are covered by 28 C.F.R. 35.150 (1992), and new construction and alterations, which are covered by 28 C.F.R. 35.151 (1992). With limited exceptions, the regulations do not require public entities to retrofit existing facilities immediately and completely. ......
  • Kirola v. City of S.F., Case No: C 07-3685 SBA
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • November 26, 2014
    ..."New construction and alterations" commenced after January 26, 1992, are subject to more exacting requirements. Specifically, under 28 C.F.R. § 35.151, "[e]ach facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in......
  • Request a trial to view additional results
1 firm's commentaries
  • Can Barriers to Wheelchair Access Be “Grandfathered In”?
    • United States
    • LexBlog United States
    • September 8, 2020
    ...from the Institute for Human Centered Design is here. [2] 42 U.S.C. § 12183(a)(2). [3] 42 U.S.C. §§ 12132, 12134(a); 28 CFR §§ 35.150, 35.151. [4] Hamer v. City of Trinidad, Colorado, 924 F.3d 1093, 1097 (10th Cir.), cert. denied sub nom. City of Trinidad, Colorado v. Hamer, 140 S. Ct. 644,......
1 books & journal articles

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT