DJ 202-PL-00073 JUL 22 1992 Ms. Pamela Perryman Galaxy Group Management Corporation 2345 Sand Lake Road: No. 100 Orlando, Florida 32809 Dear Ms. Perryman: This letter responds to your correspondence and telephone conversation with this office regarding the requirements of the Americans with Disabilities Act (ADA) for TDD's (telecommuni- cations devices for deaf persons). Your letter specifically inquires whether a timeshare resort is covered by title III of the ADA and is therefore obliged to equip itself with TDD equipment for use by guests and owners. The ADA authorizes the Department of Justice to provide technical assistance to individuals or entities having rights or obligations under the Act. This letter provides informal guidance to assist you in understanding the ADA's requirements. However, it does not constitute a legal interpretation and it is not binding on the Department. Assistant Attorney General John R. Dunne, recently responded to a detailed inquiry regarding the ADA's coverage of a timeshare resort operated by a major resort management corporation. His letter may provide guidance as to whether your resort has obligations as a place of lodging under title III, and I enclose a copy for your consideration. If your resort is covered as a place of lodging by title III of the ADA, then the front desk should be equipped with a TDD. TDD's also must be made available on request to timeshare owners and guests in units where in-room telephone service is provided. cc: Records, Chrono, Beard, Breen, Wodatch:dhj T. 6/27/92 udd:Beard:TA.302B2AIV.Perryman 01-01049 - 2 - I hope that this information will be useful to you in understanding your rights and obligations under the ADA. Sincerely, Philip L. Breen Special Legal Counsel Office on the Americans with Disabilities Act Enclosure 01-01050 U.S. Department of Justice Civil Rights Division DJ 181-06-0002 Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 XX XX XX Dear Mr. XX This letter responds to your August 21, 1991, letter on behalf of XX Ownership Resorts, Inc., ( XX ), requesting guidance on the application of certain provisions of the Americans with Disabilities Act (ADA) to the timesharing resorts operated by XX under its Vacation Ownership System. Specifically, you have requested guidance as to whether "timesharing that is sold in increments of one week or less is a public accommodation as that term is defined in the ADA." The ADA authorizes the Department to provide technical assistance to entities that are subject to the Act. This letter provides informal guidance to assist you in understanding how the ADA may apply to your client. However, this technical assistance does not constitute a determination by the Department of Justice of your client's rights or responsibilities under the ADA and does not constitute a binding determination by the Department of Justice. Based on our review of your letter and supporting materials, it is our understanding that the specific question you pose is the following: Is a vacation property owned in the form of ownership referred to by XX as "timesharing," and sold by XX in increments of one week or less, a "place of public accommodation" as defined in this Department's regulation implementing title III of the ADA? See, 56 Fed. Reg. 35,544 (July 26, 1991) to be codified at 28 C.F.R. pt. 36. cc: XX CRS Files XX XX 01-01051 - 3 - Based on the representations made in your April 23, 1991, letter, we believe that timeshare facilities in XX Vacation Ownership System are nonresidential places of public accommodation. In reaching this conclusion we have considered the following factors to be of particular significance: 1. Ownership of timesharing units is sold in intervals of one week or less, which is consistent with the requirement that a place of lodging be a facility that is intended or used for, or permits short-term stays; 2. While ownership to individual units is conveyed in fee simple, recorded restrictive covenants substantially limit rights of ownership and owners have no right to occupy, alter, or exercise other control over any specific unit; 3. Owners of timesharing interests are not required to return to the same unit or project and may utilize various exchange options to exchange their units for units at other resorts; and 4. XX timeshare accommodations are operated like hotels (i.e., reservations, central registration, and room assignments are required) by a company that is in the hotel business. We wish to stress that we have reached this conclusion based on your description of the ownership and operation of XX Vacation Ownership System. Thus, this conclusion should not be viewed as a general statement of the Department's position with respect to other types of timesharing facilities; our position on this issue may well be different given a different set of facts concerning the ownership and operation of such facilities. As you note in your April 23, 1991, letter, as places of public accommodation, timeshare facilities are subject to the title III requirements for readily achievable barrier removal; and any new construction or alteration of such facilities must follow the Accessibility Guidelines adopted as Appendix A to the Department's title III regulation. We would also like to point out that, as a public accommodation, XX is also subject to other significant non-discrimination requirements under title III of the ADA. For example, XX must provide auxiliary aids and services to guests with hearing, speech, or vision impairments, unless doing so would result in an undue burden or a fundamental alteration in the nature of the services or accommodations being offered. 01-01052 - 4 - I hope this information has been helpful to you. Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division 01-01053 GALAXY RENTAL RESERVATIONS GROUP MANAGEMENT CORPORATION (800) 634-3119 2345 Sand Lake Road, Suite 100 Orlando, Florida 32809 (407) 859-8900 March 27, 1992 Ms. Irene Bowen OFFICE OF THE AMERICANS OF DISABILITIES Civil Rights Division POB 66118 Washington, DC 20035 Dear Ms. Bowen: I was speaking with Dana Jackson at the Mid-Atlantic Center and he referred me to you. I was anxious to know whether a timeshare resort needs to equip itself with the TDA equipment for use by guests/owners. I would appreciate your answer regarding this matter. My telephone number is 407-856-7190, extension 206. I look forward to hearing from you. Yours Sincerely, Pamela Perryman Corporate Controller PP/pb ORBIT ONE BRYAN'S SPANISH COVE ISLE OF BALI PARKWAY INTERNATIONAL Vacation Villas Vacation Treasure Vacation Paradise Vacation Adventure 01-01054