# 186


II-1.1000
II-1.2000
II-1.3000
II-1.4000
III-1.7000
III-1.8000                                   March 20, 1996



The Honorable Louise M. Slaughter
Member, U.S. House of Representatives
3120 Federal Building
100 State Street
Rochester, New York  14614

Dear Congresswoman Slaughter:

     I am responding to your letter on behalf of your
constituent, Mr. XXXXXXXXXXXXXXX, regarding the cost of
compliance with the construction requirements of the Americans
with Disabilities Act of 1990 (ADA).  The response to your letter
was delayed because of the shutdown of the Federal Government.  I
apologize for any inconvenience to your constituent.

     Mr. XXXXXXXXXX letter objects to what he considers to be the
"large costs" of complying with the ADA.  His objection is
apparently based on his belief that "[a]ny governmental agency or
private agency that receives Federal funding cannot lease space
in a non-ADA complying building."  This belief is incorrect. 
Recipients of Federal funds are not required to lease only
accessible buildings.  However, under section 504 of the
Rehabilitation Act of 1993 their programs must, when viewed in
their entirety be accessible to people with disabilities. 
Recipients are permitted to provide access through nonstructural
alternative measures such as relocating activities to an
accessible part of a building or delivering services at an
accessible site.  Recipients are not required to take any steps
that would result in undue financial or administrative burdens. 
This same program accessibility requirement applies to all state
and local government agencies under title II of the ADA whether
or not they receive Federal funds.

     Private entities that own or operate places of public
accommodation similarly are not required to lease only accessible
space.  They are, however, required by title III of the ADA to
remove architectural barriers to access in rented space when it
is readily achievable to do so.  The ADA regulations define
"readily achievable" as easily accomplishable and able to be
carried out without much difficulty or expense.

     I hope this information is helpful to you in responding to
your constituent.

                            Sincerely,




                         Deval L. Patrick
                    Assistant Attorney General
                      Civil Rights Division