U.S. Department of Justice
                                        Civil Rights Division
T. 6/3/92
JLW:JAM:HJB:jfh                         
DJ 202-PL-00031                         Washington, D.C. 20530
                                              
                                              JUN 4 1992
Mr. Lester A. Holmes                         
5 Curl Drive
Corona del Mar, California 92625

Dear Mr. Holmes:

        This letter responds to your correspondence requesting
information regarding the provisions of the Americans with
Disabilities Act, 42 U.S.C. S 12101-12213 (ADA). The ADA
authorizes the Department of Justice to provide technical
assistance to individuals and entities having rights and
obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA accessibility
standards. However, it does not constitute a legal
interpretation and it is not binding on the Department.

        Specifically, your letter inquired whether apartment rental
units are covered by the ADA.

        Residential apartment units are not covered by the Americans
with Disabilities Act. However, they are governed by the Fair
Housing Act, as amended in 1988, which prohibits discrimination
on the basis of disability and sets minimum accessibility
standards for new construction of certain multi-family housing
units.

        Apartment units in a building that are used for
nonresidential purposes -- such as a doctor's office -- would be
covered by the ADA, because such an entity falls within the ADA's
definition of a "place of public accommodation."

        We hope that this information is useful to you in evaluating
your rights and obligations under the ADA.

                                        Sincerely,


                                     Joan A. Magagna
                                     Deputy Director
                               Office on the Americans with
                                     Disabilities Act

cc: Records OADA Wodatch Magagna Beard Arthur

udd:Magagna.PL.31
01-00879

LESTER HOLMES ASSOCIATES
Construction and Management Consultants


February 20, 1992


Office of the Americans with Disabilities Act
Civil Rights Division
U. S. Department of Justice
P. O. Box 66118
Washington, DC 20035-6118

Gentlemen,

After several unsuccessful telephone calls to reach an operator, I have
decided to send my question in the form of this letter.

Based upon my understanding of the Americans with Disabilities Act,
specifically Title III, I have concluded that apartment units, whether rented
or leased, are not covered by the Act. They do not appear in the definitions
for Public Accommodations or Commercial Facilities.

Please confirm that the Act does not cover residences of this nature. If,
however, it does, please advise how this has been determined. Thank you.

Sincerely,

LESTER HOLMES Associates


Lester A. Holmes


5 Curl Drive Corona del Mar. California 92625 Telephone/Fax 714/644-8546
                                                                202-PL-006
01-00880