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DJ 202-PL-86

JUN 04 1992


Wanaque, New Jersey 07465

Dear Ms. XX

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 and it is not binding on the Department.

Your inquire whether the condominium in which you live is required to provide access for disabled persons, specifically by providing an elevator or lift. The ADA does not apply to strictly residential facilities. The federal Fair Housing Act, as amended, which does apply, does not require the condominium to install a lift or elevator in the circumstance you have described. The condominium would be required to allow you to install a left or elevator but you would have to pay the cost.

There are more extensive accessibility requirements for newly constructed multi-family buildings. There may also be state or local laws that have more stringent requirements.

I am sorry we cannot be of assistance.


Joan A. Magagna Deputy Director Office on the Americans with Disabilities Act

cc: Records Chrono Wodatch Magagna.PL.86 arthur T. 6/4/92



Wanaque, NJ 07465


January 6, 1992 U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118

Dear Sir or Madam:

My 4-year-old daughter XX

requires an adaptive stroller for mobility. As she grows

and gains weight it is becoming increasingly more difficult

to leave the house with her. My problem is the following:

is multiply handicapped and

We have lived in this condominium since several years before

XX was born. Our unit is two stories high with a base-

ment containing a garage. We own our unit, but everything on the outside belongs to the Condominium Association, even the decks to which we alone have access. Normally, we are not permitted to alter anything on the outside of our units.

The Association has taken the position that it will allow handicapped access which must be pre-approved by them. They, are not willing to provide it themselves.

A local charitable organization was willing to build a ramp,

but the contractor looked at the premises and informed us that the slope of the grounds in front of the unit is too steep and the area too small to build a safe ramp. (The grounds behind the unit are lower, so that we can drive into the garage or walk into the basement.)

My daughter's caseworker from N.J. Special Child Health Services then contacted a company which sells and installs elevators and lifts for the handicapped. The sales representative felt

a lift could be installed next to and leading onto the deck

located directly above the garage door in the rear, which would bring us into our living room on the main floor. It would also allow us easy access to the car. An estimate along with the required documentation of need were submitted to the N.J.


Division of Developmental Disabilities; after many months we were recently told there is no funding available for this purchase.

Unfortunately, my husband and I are unable to pay for a lift either, and we have been told ramping is not possible. We are also in no position to move to a one-floor home, which we had hoped.

My question pertains to the Condominium Association's position. This is of course private property, and the outside of the units is common ground. Does this fact exempt them from being required to provide access to the handicapped? Unfortunately we do not have the resources to consult an attorney on this issue.

If you can provide an answer or suggest alternative resources

I would be very grateful. Sincerely,