# 24


III-1.2000

                                                July 29, 1992






The Honorable Dennis DeConcini
United States Senate
328 Senate Hart Building
Washington, D. C.  20510-6025

Dear Senator DeConcini:

     This is in response to your inquiry on behalf of your
constituent, XXXXXXXXXXXXX, who seeks information about the 
applicability of the Americans with Disabilities Act (ADA) to a
housing community that includes common areas sometimes open to
the public.  

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities having rights or
obligations under the Act.  This letter provides informal
guidance to assist your constituent in understanding the ADA's
requirements.  However, it does not constitute a legal
interpretation and it is not binding on the Department.
     
     Title III of the ADA imposes certain obligations on places
of public accommodation.  The Act lists twelve types of entities
as places of public accommodation; strictly residential
facilities are not among the twelve categories.  Accordingly, the
individual dwelling units in residential communities are not
covered by title III of the ADA, and common areas in such
communities are not covered where use is restricted exclusively
to residents and their guests.  However, if a residential
community opens up common areas to general use by non-residents,
it may lose its strictly residential character.  Areas open to
the public will probably be covered by the ADA if common area
activities or facilities fall within one of the twelve categories
of places of public accommodation in title III.  Discussion of
these provisions can be found at pages 35551-35552 of the
enclosed title III regulations, and further discussion is
included at pages 1 to 3 of the enclosed Title III Technical
Assistance Manual.

     I hope this information will be useful to you in responding 
to your constituent.

                                   Sincerely,




                                   John R. Dunne
                              Assistant Attorney General
                               Civil Rights Division



Enclosures (2)