JUL  6, 1993

The Honorable Dave Camp
Member, U.S. House of Representatives
135 Ashman
Midland, Michigan 48640

Dear Congressman Camp:

     This letter is in response to your inquiry on behalf of the 
Gordonville United Methodist Church of Midland, Michigan, Which 
seeks information on any available funding to assist the Church 
in installing an elevator to comply with the Americans with 
Disabilities Act (ADA).

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities that have rights
or responsibilities under the Act. This letter provides informal
guidance about the application of the ADA; however, this
technical assistance does not constitute a determination by the 
Department of the rights or responsibilities of any individual
under the ADA, and it is not binding on the Department.

     No Federal funds have been appropriated to cover the cost Of 
ADA compliance by covered entities, even though the Internal
Revenue Code, as amended in 1990, does allow a deduction of up to 
$15,000 per year for expenses associated with the removal of
qualified architectural and transportation barriers and permits 
eligible small businesses to receive a tax credit for certain
costs associated with ADA compliance. However, it well may be
that this has no relevance to the Church because religious
entities are exempt from the requirements of title III of the
ADA.

     The exemption covers all of the activities of a religious
entity, whether religious or secular. In addition, a private,
nonreligious entity operating a place of public accommodation in 
a religious entity's space. free of charge is also exempt from


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title III's requirements. On the other hand, a private,
nonreligious tenant operating a place of public accommodation in 
a religious entity's facility is subject to title II if a lease
exists under which rent or other consideration is paid.

     If the Church rents its facility to a private, nonreligious
entity that operates a place of public accommodation (e.g., a day 
care center) in the Church's facility, the entity operating the
place of public accommodation is required to comply with title
III. The Church, however, remains exempt, even if its tenant is
covered. That is, the title II obligations of a landlord for a
place of public accommodation do not apply if the landlord is a
religious entity.

     For your information, I have-enclosed copies of the
Department of Justice regulation implementing title III of the
ADA and the Department's Title II Technical Assistance Manual.
I hope that this information is helpful to you in responding to
your constituent.


                                  Sincerely,




                               James P. Turner
                         Acting Assistant Attorney General
                             Civil Rights Division

Enclosures

01-02442                      Congress of the United States
                    House of Representatives
                        Washington, DC 20515-2204

                            May 28, 1993

Mr. Christopher Rizzuto
Congressional Liaison
United States Department of Justice
633 Indiana Avenue NW
Washington, D.C. 20531

Dear Mr. Rizzuto:

I am writing on behalf of the Gordonville United Methodist Church 
in Midland, Michigan who have contacted my office for assistance.

The Church is interested in locating funding which would assist 
them in the installation of an elevator so that they are in 
compliance with the ADA. I would appreciate any information you 
can provide on programs offered through then Department of Justice 
to assist them. You may direct your reply to me at my Midland 
District Office.

Thank you for your time and attention in this matter.


                              Sincerely,



                              DAVE CAMP
                              Member of Congress



DLC/sih

cc: Ms. Ginger Kruger
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