Dec 13 1994


The Honorable Richard G. Lugar
United States Senator
1180 Market Tower
10 West Market Street
Indianapolis, Indiana 46204-2964

Dear Senator Lugar:

     This letter is in response to your inquiry on behalf of your
constituents, Mr. and Mrs. Harry Fargo, with regard to their
request for a waiver of compliance with the Americans with
Disabilities Act (ADA) for a building that they own. Please
excuse our delay in responding to your inquiry.

     The inquiry that you received from Mr. and Mrs. Fargo
describes their property as an "eight unit apartment building,"
but does not indicate if the property is used strictly for
residential purposes or if it contains business operations such
as a rental office or the professional office of a health care
provider. The use of the building is significant in determining
if the ADA applies.

     Title III of the ADA prohibits discrimination on the basis
of disability by a person who owns, operates, leases, or leases
to, a place of public accommodation. The Department of Justice
regulation implementing title III identifies twelve categories of
places of public accommodation. See, § 36.104 of the enclosed
regulation. If a place of public accommodation is operated in a
facility, then title III of the ADA applies to the portions of
the facility that are used as the place of public accommodation.
If title III applies, there is no provision in the ADA that would
permit a waiver of its requirements.

     If a facility is used strictly for residential purposes,
then title III does not apply because strictly residential
facilities are not subject to the ADA. However, multi-unit
residential facilities are subject to the requirements of the
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Fair Housing Act of 1968, as amended. For information about the
requirements of the Fair Housing Act, Mr. and Mrs. Fargo should
contact: The Office of Fair Housing and Equal Opportunity,
U.S. Department of Housing and Urban Development, 451 Seventh
Street, N.W., Washington, D.C. 20410-2000.

     I hope that this information is helpful to you in responding
to your constituents.
                                   Sincerely,

                                Deval L. Patrick
                           Assistant Attorney General
                              Civil Rights Division
Enclosure
01-03507