DJ 202-PL-00010

JUN 10 1992

Mr. James Cadwallader Oreland Laundry Service 60 N. Clinton Doylestown, Pennsylvania 18901 Dear Mr. Cadwallader: This is in response to your letter requesting information about the Americans with Disabilities Act. 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. You inquire whether apartment buildings are subject to the ADA in circumstances both where they house "HUD tenants" and where they do not. I am assuming that your reference to "HUD tenants" means situations where apartment buildings are privately owned (as opposed to being owned by a public housing authority) and where some or all of the apartments are rented to tenants receiving federal housing assistance. I am also assuming that your inquiry is not directed to employment issues. After July 26, 1992, regardless of the nature of their business, all employers with 25 or more employees are subject to the nondiscrimination provisions of the ADA. After July 26, 1994, employers with 15 or more employees are covered. In a privately owned apartment building, regardless of whether any or all of the tenants receive federal assistance, the individual units used as residences are not covered by the ADA. However, apartment units within a building that are used for nonresidential purposes -- such as a doctor's office -- would be covered by the ADA, because such an entity falls within the ADA's definition of a "place of public accommodation." cc: Records Chrono Wodatch Magagna.PL.10 arthur T. 6/9/92 01-00895 ​ -2Although residential uses are not covered by the ADA, other laws prohibiting discrimination on the basis of disability may be applicable, such as the Fair Housing Amendments Act of 1988 and,

for entities receiving federal financial assistance, Section 504 of the Rehabilitation Act. I have enclosed a copy of the Department's Title III Technical Assistance Manual. I hope this information will be useful to you. Sincerely,

Joan A. Magagna Deputy Director Office on the Americans with Disabilities Act 01-00896 ​ ORELAND LAUNDRY SERVICE 60 N. Clinton St. Doylestown, PA. 18901 January 24, 1992 U.S. Dept. of Justice Att: Civil Rights Division Office of American w/Disabilities P.O. Box 66118 Washington, D.C. 20035-6118 Pho: 202-514-0301 To Whom It May Concern: I would like to know if apartment houses with HUD Tenants must comply with the NEW A.D.A.? Also apartment houses without HUD tenants? All the information I have read has not addressed the area. I would appreciate a copy of that part of the new law, if these type of properties must comply, and when? Thank you for your kind attention to this matter.

Respectfully,

James Cadwallader JC/cj file 01-00897