Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter B - ACCESSIBILITY AND REASONABLE ACCOMMODATIONS › Section 1.202 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Capitalized words in this subchapter have the meaning assigned
					 in the specific chapter and rules of the title that govern the program associated
					 with the 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
				  accessibility standard.
(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 Disabilities Act.
(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.