JUL 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,        XX         , 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 strictly residential facilities are
not covered by title III of the ADA. Similarly, common areas in
such facilities are not covered where use is restricted
exclusively to residents and their guests. However, if a
residential facility opens up its common areas to general use by
non-residents, it may lose its strictly residential character and
those areas 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.

     To assist in understanding these provisions, please refer to
pages 35551-35552 of the enclosed title III regulations for a
listing of the twelve categories of places of public
accommodation and a discussion of the circumstances where a
residential facility may be covered by title III. Some further
discussion of the issue is found at pages 1 to 3 of the enclosed
Title III Technical Assistance Manual.

cc:  Records, Chrono, Wodatch, Novich, Magagna, McDowney,
     Library, FOIA
     Udd:Novich:Cong.Deconcini.ltr


01-01067
                                   - 2 -

     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)





































01-01068
                         United States Senate
                    COMMITTEE ON APPROPRIATIONS
                     Washington, DC 20510-6025



                            June 8, 1992


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

Dear ADA Specialist:

     I am writing on behalf of (b)(6), a constituent
who is concerned about the applicability of the Americans with
Disabilities Act.

     XX              is a member of the Homeowner's Association for an
elderly residential facility in Mesa, Arizona. Her concern lies
in the accessibility requirements of the Act as applied to this
facility. It is a large housing community of over 2000 homes
with approximately 5000 residents. The common areas of the
facility are composed of three buildings which are currently
inaccessible to wheelchairs. While most of the activities in
these common areas are limited to residents, there are some
events which are open to the public.

     It would be greatly appreciated if you would look into this
matter and respond to the concerns raised by this constituent.
If you require any additional information on this matter, please
contact Rosalie Lopez at (202)-224-4521.

                              Sincerely,



                              DENNIS DeCONCINI
                              United States Senator


DDC/rlx
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