DJ 202-PL-175

                                            SEP 11 1992

Peter J. Pitassi
9267 Haven Avenue, Suite 220
Rancho Cucamonga, California 91730

Dear Mr. Pitassi:

        This is in response to your letter requesting information
about the Americans with Disabilities Act (ADA).

        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 you in understanding the ADA's requirements.
However, it does not constitute a legal interpretation or legal
advice, and it is not binding on the Department.

        You have asked whether certain common-use facilities within
existing privately owned residential apartment projects must be
made accessible under the ADA. You have asked specifically about
rental offices, recreational facilities, including clubhouses,
swimming pools, spas, game rooms, exercise rooms, and laundry
buildings.

        Although the ADA does not apply to strictly residential
facilities, it does cover public accommodations within
residential facilities. Common areas that function as one of the
ADA's twelve categories of places of public accommodation and
that not intended for the exclusive use of tenants and their
guests are considered places public accommodation and are thus
required to comply with the ADA. Rental offices, which are by
their nature open to persons other than tenants and their guests,
are covered. The other facilities you have mentioned will be
covered only if they may be used by persons other than tenants
and their guests, regardless of whether a fee is charged. If
they are not consistently made available to the public, they will
be covered by the ADA only for those events that are open to
people other than tenants and their guests. Please be aware that
even facilities open only to tenants may have accessibility and
non-discrimination obligations under the Fair Housing Act of
cc: Records, Chrono, Wodatch, Magagna, Novich, Library, FOIA
    Udd:Novich:policy.pl.175.ltr

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1968, as amended. For further information on accessibility
standards of the Fair Housing Act, please direct inquiries to the
Department of Housing and Urban Development.

        Those common areas that are covered by the ADA must comply
with the nondiscrimination and accessibility requirements of
Title III. In existing facilities, all barriers to accessibility
must be removed if the removal is readily achievable. Readily
achievable means easily accomplishable and able to be carried out
without much difficulty or expense. Section 36.304(b) and (c) of
the enclosed title III regulations, at pages 35597-98, provide
examples and suggest priorities of barrier removal steps. Public
accommodations are urged first to provide an accessible route
into the facility from public sidewalks, parking or
transportation. Next, a public accommodation should provide
access to, in order of priority, areas where goods and services
are made available and to restroom facilities. The public
accommodation should then provide access to the remainder of its
"goods, services, facilities, privileges, advantages, or
accommodations." Please consult the enclosed regulations and
Technical Assistance Manual for a more complete discussion of
barrier removal.

        I hope this information is useful to you.

                                        Sincerely,

                                     John L. Wodatch
                                        Director
                     Office on the Americans with Disabilities Act
Enclosures (2)
    Title III regulations
    Title III Technical Assistance Manual

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