Pitassi*Dalmau
                                                                Architects
                                                  Peter J. Pitassi, A.I.A.
                                                                 Architect
                                                       Alain Dalmau, A.I.A.
May 15, 1992 

Mr. John Wodatch
Director of the Office
  on the Americans with Disabilities Act (ADA)
Coordinate and Review Section
U.S. Department of Justice
Civil Rights Division
P.O. Box 66738
Washington, D.C. 20035-9998

Subject: Americans with Disabilities Act (ADA)
         Applicability for Apartment Projects

Dear Mr. Wodatch:

We are writing you on behalf of one of our clients who owns
and manages a significant number of apartment projects in the
Southern California area. Many of these projects are 20 to
25 years old. It is these projects which are privately owned
and not undergoing any remodeling, renovation or addition
which generates our inquiry.

In our review of the ADA Title III, the following issues are
not clearly defined regarding existing privately owned
apartment projects:

        1.      Does the rental office need to be accessible and on
                an accessible route?

        2.      When recreation facilities such as club houses,
                game rooms, exercise rooms or similar spaces are
                for the private use and enjoyment of the tenants,
                do they need to be made accessible?

        3.      If the recreation building is available to the
                tenants for a private party, such as a wedding
                reception, is the status of the facility altered
                regarding ADA? What if non-residents are guests at
                a private gathering in the recreation facility?

9267 Haven Avenue, Suite 220 * Rancho Cucamonga, CA 91730 * (714) 980-1361

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Mr. John Wodatch
May 15, 1992
Page 2 of 2

        4.      How is the status of the recreation facility
                affected if management rents the building to non-
                residents for their use?

        5.      Do existing swimming pools and spas, including the
                main pool and satellite pools, need to be made
                accessible if they are for the exclusive use of the
                tenants and their guests?

        6.      Do accessible routes need to be created for common
                use tenant facilities such as laundry buildings?

To reiterate, all of these questions are brought to your
attention in regards to existing privately owned apartment
projects which are not considering additions, remodeling or
renovation work.

Mr. Wodatch, we have discussed these issues with Ms. Ronda
Daniels, Director of the Legal Department at the National 
Association of Home Builders, and we have received her
opinion regarding several of these questions. She indicated
that you would be the most appropriate individual in the
Department of Justice to respond to our questions.

Our client is concerned about these issues and fully intends
to comply with the law. An official interpretation by your
department would greatly clarify his responsibilities and
allow him to proceed with his efforts to meet the
requirements of the ADA.

If you are in need of any additional information, please
advise. Thank you in advance for your prompt response to our
inquiry.

Very truly yours,

Pitassi Dalmau Architects
Peter J. Pitassi, AIA
Architects

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