# 88


III-1.2000                                   June 17, 1993





James A. Hackman
Parfitt/Ling Consulting Engineers
101 S. Fraser Street
State College, Pennsylvania  16801-3850

Dear Mr. Hackman:

     This letter is in response to your inquiry about the
Americans with Disabilities Act of 1990 (ADA).  We regret the
delay in responding.

     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 ask whether the ADA applies to a privately owned
apartment building for elderly persons.  You describe the
building as one of eleven units comprising a continuing care
retirement community, designed to provide independent living for
older people.

     Title III of the ADA applies to privately owned or operated
facilities that are either commercial facilities or that fall
within one of the twelve categories of "places of public
accommodation" listed in that title.  Strictly residential
facilities are not included in the twelve public accommodation
categories and are expressly exempted from the definition of
commercial facilities.  Thus, strictly residential facilities are
not covered by the ADA.  As your letter noted, however,
residential facilities may have to meet nondiscrimination and
accessibility requirements under the Fair Housing Act.

     Although the ADA does not apply to strictly residential
facilities, it has two possible applications to your apartment
building.  First, common areas within residential buildings, such
as rental offices and meeting rooms, that function as one of the
ADA's twelve categories of places of public accommodation and
that are not intended for the exclusive use of tenants and their 
guests constitute "places of public accommodation" within the 
meaning of title III, and must comply with the ADA.  Rental 
offices, for example, are by their nature open to the public and
would be considered rental establishments or service
establishments within the meaning of the ADA.  Meeting rooms, if
not restricted to the exclusive use of tenants and their guests,
would be a place of public gathering covered by the ADA.  

     Second, a facility that provides both housing and social
services is covered by the ADA as a place of public accommodation
where a significant enough level of social services is provided
that the facility itself can be considered a social service
center establishment.  In this situation those portions of the
facility that are used in the provision of social services are
covered by the ADA.  If the social services are provided
throughout the facility, including in the individual housing
units, then the entire facility is a place of public
accommodation.  Social services in the context of the ADA would
include medical care, assistance with daily living activities,
provision of meals, transportation, counseling, and some
recreational activities.  No one of these services will
automatically trigger ADA coverage.  Rather, the determination of
whether a private entity provides a significant enough level of
social services will depend on the quantity, quality, and
combination of these services.

     I have enclosed the regulations promulgated under title III,
and the Technical Assistance Manual for that title.  I hope this
information is helpful to you.

                            Sincerely,



                         Joan A. Magagna
                           Deputy Chief
                      Public Access Section

Enclosures 
     Title III regulation
     Title III Technical Assistance Manual