Pitassi*Dalmau Architects Peter J. Pitassi, A.I.A. Architect Alain Dalmau, A.I.A. May 15, 1992 Mr.

John Wodatch Director of the Office on the Americans with Disabilities Act (ADA) Coordinate and Review Section U.S. Department of Justice Civil Rights Division P.O. Box 66738 Washington, D.C. 20035-9998 Subject: Americans with Disabilities Act (ADA) Applicability for Apartment Projects Dear Mr. Wodatch: We are writing you on behalf of one of our clients who owns and manages a significant number of apartment projects in the Southern California area. Many of these projects are 20 to 25 years old. It is these projects which are privately owned and not undergoing any remodeling, renovation or addition which generates our inquiry. In our review of the ADA Title III, the following issues are not clearly defined regarding existing privately owned apartment projects: 1. 2. Does the rental office need to be accessible and on an accessible route? When recreation facilities such as club houses, game rooms, exercise rooms or similar spaces are for the private use and enjoyment of the tenants, do they need to be made accessible? If the recreation building is available to the tenants for a private party, such as a wedding reception, is the status of the facility altered regarding ADA? What if non-residents are guests at a private gathering in the recreation facility?

3.

9267 Haven Avenue, Suite 220 * Rancho Cucamonga, CA 91730 * (714) 980-1361 01-01505​ Mr. John Wodatch May 15, 1992 Page 2 of 2 4. How is the status of the recreation facility affected if management rents the building to nonresidents for their use? Do existing swimming pools and spas, including the main pool and satellite pools, need to be made accessible if they are for the exclusive use of the tenants and their guests? Do accessible routes need to be created for common use tenant facilities such as laundry buildings?

5.

6.

To reiterate, all of these questions are brought to your attention in regards to existing privately owned apartment projects which are not considering additions, remodeling or renovation work. Mr. Wodatch, we have discussed these issues with Ms. Ronda Daniels, Director of the Legal Department at the National Association of Home Builders, and we have received her opinion regarding several of these questions. She indicated that you would be the most appropriate individual in the Department of Justice to respond to our questions. Our client is concerned about these issues and fully intends to comply with the law. An official interpretation by your department would greatly clarify his responsibilities and allow him to proceed with his efforts to meet the requirements of the ADA. If you are in need of any additional information, please advise. Thank you in advance for your prompt response to our inquiry. Very truly yours,

Pitassi Dalmau Architects Peter J. Pitassi, AIA Architects bcc 01-01506