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housing programs, to the extent that these facilities are designed, constructed or altered with federal funds.⁵

A.        Housing Programs

            HUD Regulations at 24 C.F.R. § 8.25(c) require a public housing authority (PHA) to conduct a three stage process that includes 1) a PHA-wide or community-wide needs assessment, 2) a PHA-wide Transition Plan, and 3) achievement of structural changes necessary to afford the PHA's current tenants and applicants with disabilities an equal opportunity to benefit from the PHA's housing programs.  In 1990 and 1992, NYCHA conducted needs assessments of its tenants and applicants.

Based upon 1990 Census information, HUD has developed a needs assessment of the needs of income-eligible individuals with mobility impairments in New York City.  See Appendix B. The parties agree to the numerical targets in this VCA.

B.           Nonhousing Programs

HUD Regulations also require, in accordance with 24 C.F.R. §§ 8.21 and  8.24, that nonhousing program accessibility be provided to persons with physical disabilities.  Nonhousing programs include: management offices; common areas (including bathrooms, corridors, laundry rooms, mail delivery, trash disposal, meeting room, recreation rooms); community centers day care facilities (including Cincluding bathrooms); and bathrooms)-

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                ⁵  4-2 U.S.C. §§ 4151-4157.

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(including bathrooms); and day care facilities (including bathrooms).

C.      Scope of Agreement

The parties agree to the terms of this Agreement which relate to NYCHA's responsibilities from the effective date of this agreement with respect to persons with physical disabilities under Section 504 as se t forth in 24 C.F.R. §§ 8.3, 8.21, 8.24, 8.25(c), 8.26 and 8.27; the ADA and its implementing regulations set forth in 28 C.F.R. §§ 35.150 and 35.151; and the Architectural Barriers Act and its implementing regulations set forth in 24 C.F,.R. Part 40.  This agreement solely addresses mobility impairment issues and does not address the needs of persons with hearing and vision-disabilities unless specifically noted otherwise.

Unless specifically indicated herein, this agreement in no way alters the rights of HUD and NYCHA to take any and all legal actions as set forth in law and regulations.

II.         DEFINITIONS

For the purposes of this Agreement, the following definitions will apply:

A.        Accessible -- When used with respect to the design, construction, or alteration of housing and nonhousing programs, "accessible" means that the program or portion of the program, when designed, constructed or altered, can be approached, entered, and used by individuals in wheelchairs.  A program that