DJ 192-180-08479

JUL 6 1992 The Honorable Leon E. Panetta Member, United States House of Representatives 380 Alvarado Street Monterey, California 93940 Dear Congressman Panetta: This is in response to your inquiry on behalf of your constituent, Michael Sarka, who inquired about the applicability of the Americans with Disabilities Act (ADA) to a rental agency that handles rentals for private homes used as vacation rental homes. He further inquires whether the individual homes are required to meet the accessibility guidelines of the 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 your constituent in understanding the ADA's requirements. However, it does not constitute a legal interpretation and it is not binding on the Department. Title III of the ADA sets forth twelve categories of entities that are places of public accommodation having obligations under the Act. Two of these categories are sales or rental establishments and service establishments. The type of rental agency described by Mr. Sarka probably would fall within one or both of these categories. Accordingly, the rental agency itself would be subject to the ADA requirements to have nondiscriminatory policies and procedures, to provide effective communication to persons with disabilities, and to remove architectural barriers in the rental office facilities where it is readily achievable to do so. These obligations are described in more detail in the enclosed Technical Assistance Manual recently published by this Department. See Part III-3.000 (pp. 13-20) and Part III-4.000 (pp. 21-39).

cc: Records Chrono Wodatch Magagna.panetta.cong FOIA Library arthur T. 7/1/92

01-00998 -2We cannot determine whether the vacation rental homes Mr. Sarka writes about are covered by Title III. Another one of the twelve Title III categories is "an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor." Without more specific information about the individual properties and how they are used, it is not possible to determine whether individually owned vacation rental homes would fall within this category. The enclosed Federal Register publication at pp. 35551-35552 and 35559-35560 has a further discussion of these issues. I hope that this information will be helpful to you in responding to your constituent. Sincerely,

John R. Dunne Assistant Attorney General Civil Rights Division Enclosures (2)

01-00999 CONSTITUENT REQUEST DATE: 4/23/92 STAFF MEMBER: MKB CONSTITUENT NAME: Mr. Michael Sarka ADDRESS: P.O. Box 1202 Santa Cruz, CA 95061 PHONE: 458-3573 Position/A Information/B Bill Status/C Document/D VIEWPOINT OR REQUEST Issue/Subject: Americans with Disabilities Act requirements

Mr. Sarka said that he is the manager of a vacation rental agency. He said that they have been receiving conflicting information on what aspects of the Americans with Disabilities Act apply to

his industry. He understands that his offices must comply with certain aspects of the above legislation, however, they are not being given precise information on the law as it relates to the rentals that they manage. He needs to know what aspects of the above legislation pertain to the rentals that are managed by a rental agency. He said that such agencies manage either homes or vacation homes for individuals. Such an agency takes care of advertising, maintaining, renting and collecting for such rentals for people. In other words, are the private homes used as vacation rental homes required to meet the handicapped accessibility regulations of the Americans With Disabilities Act.