MAY 12 1994



The Honorable Larry LaRocco
Member, U.S. House of Representatives
621 Main Street
Lewiston, Idaho 83501

Dear Congressman LaRocco:

     This letter is in response to your inquiry on behalf of your
constituent,    XX     who seeks information about the
requirements, of the Americans with Disabilities Act (ADA).

            (b)(6)
         XX       writes that she leases office space to a
bookkeeping business.  She inquires whether the ADA requires her
to provide toilet facilities and whether there are exceptions to
toilet specifications.

     Title III of the ADA would be applicable to    XX      (b)(6)
because she leases to a business that would appear to be a place
of public accommodation.  Title III does not require a landlord
in this circumstance to install toilet facilities where there
previously were none. However, if toilet facilities are
provided, title III imposes certain requirements to make the
toilet rooms accessible to and usable by persons with
disabilities.

     For existing buildings not undergoing alteration,
architectural barriers to access must be removed where it is
readily achievable to do so. Readily achievable is defined to
mean easily accomplishable and without much difficulty or
expense. The ADA makes both the landlord and tenant responsible
for such changes, but the obligations can be allocated between
them by contractual arrangement.





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     If toilet rooms are being altered, they must be altered to
meet the ADA Standards for Accessible Design (ADA Standards)
unless doing so would be technically infeasible. If toilet rooms
serve other parts of a building that are being altered, the
toilet rooms may also have to be altered to meet the ADA
standards if the cost of doing so would not be disproportionate
to the cost of the overall alteration. In a newly constructed
building, all parts of the facility, including toilet rooms, must
be built according to the ADA Standards.

     I am enclosing copies of the title III regulation which
include the ADA Standards and the Department's title III
Technical Assistance Manual. The Department also provides
information about the ADA by telephone at 1-800-514-0301. The
information line is staffed Monday through Friday from 11:00 a.m.
to 5:00 p.m. EST.

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

                              Sincerely,



                           Deval L. Patrick
                      Assistant Attorney General
                        Civil Rights Division

Enclosures


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                        Congressman Larry LaRocco


                        Constituent Service Form

Name: (b)(6)    XX        Phone:     XX

Address:      XX                          XX

Social Security Number:

Regarding:  Please help me determine if there
        are any exceptions to the
        requirements in the American With
        Disabilities Act.  I lease out
        office space to a bookkeeping
        business.  Are there exceptions
        to toilet specification?  Must
        it I provide toilet facilities.
 
Under the Privacy Act of 1978 (Public Law 93-579) Federal and State government
agencies are prohibited from discussing anything regarding another individual
without that person's written permission.  Your signature on this page
authorizes me, as your Congressman, to contact the proper officials on your
behalf, discuss the matter and receive any pertinent information.


Date: 3/17/94  Signature:      XX    (b)(6)

                        Please return this form to:

                        Congressman Larry LaRocco
                         621 Main Street, Suite G
                          Lewiston, Idaho 83501


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