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SEP 22 1992

The Honorable Norman F. Lent U.S. House of Representatives 2408 Rayburn House Office Building Washington, D. C. 20515 Dear Congressman Lent: This letter is in responses to your inquiry on behalf of your constituent, Dr. David A. Grossman, regarding the Americans with Disabilities Act's (ADA) requirements for accessible parking and curb ramps. Specifically, Dr. Grossman stated his concern that his landlord has failed to provide parking and curb access for use by patients who have disabilities. The ADA authorizes the Department of Justice to provide technical assistance individuals and entities with rights or obligations under the Act. This letter provides informal guidance to assist you in answering Dr. Grossman's inquiry. However, this technical assistance does not constitute a legal Interpretation of the statute, and it is not binding on the Department. Title III of the ADA requires public accommodations to remove barriers to access by individuals with disabilities, including those who use wheelchairs, to the extent that it is readily achievable to do so. The installation and maintenance of parking spaces and curb ramps are among the actions required by the ADA when readily achievable. For further discussion of title III's barrier removal requirements, please refer to pages 29-32 of the enclosed Title III Technical Assistance Manual. The ADA, however, specifies that the duty to undertake readily achievable barrier removal falls both upon the landlord and the tenant in instances where, as here, a place of public accommodation is located in space leased from another entity. The lease agreement may, however, be used to allocate cc: Records; Chrono; Wodatch; Russo; McDowney; FOIA; MAF. :udd:russo:cong.lent.grossman -

-2responsibility between the landlord and tenant for actually removing the barrier. Please refer to page 3 of the enclosed Manual for further discussion of landlord and tenant liability. If Dr. Grossman feels that the refusal of Grand Baldwin Associates to provide parking spaces and curb ramps for persons with disabilities constitutes a violation of the ADA, he has two enforcement options under the ADA: (1) He may secure private legal representation and bring an action in Federal court, or (2) he may file a complaint with the Department of Justice. If Dr. Grossman chooses to file a complaint with the Department of Justice, he should send any relevant information to the Office on the Americans with Disabilities Act, Civil Rights Division, U.S. Department of Justice, Post Office Box 66738, Washington, D.C. 20035-9998. All complaints should be in writing and should set forth, in as complete a manner as possible, the factual circumstances surrounding the complaint. Enforcement procedures are discussed on pages 64-67 of the enclosed Manual. I hope this information is of assistance to you in responding to your constituent. Sincerely, James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosure

DAVID A. GROSSMAN, DDS l685 GRAND AVENUE SUITE 209 BALDWIN, NY 11510-1894 July 20, 1992 Grand Baldwin Associates 333 Jericho Turnpike Jericho, New York 11753 ATT'N: Emma Dixon Property Manager

Dear Ms. Dixon; It has been almost one year since I first brought to your attention the problem handicapped people face when attempting to use your parking facility located at 1685 Grand Avenue in Baldwin. Despite four letters I have sent you, a plea for some common decency, and the institution of the Americans with Disabilities Act, I find it abhorrent that you continue to ignore this serious problem. Now that a Subway restaurant is due to open any day, handicapped persons will face even GREATER difficulty should they attempt to use your lot. As stated in "Removing Barriers in Place of Public Accommodation, " a publication of the Eastern Paralyzed Veterans Association, the A.D.A. states that A reserved parking space is one which is eight feet wide with an adjoining access aisle five feet wide. However, one in every eight handicapped parking spaces, but not less than one, should have an eight foot wide access aisle and be designated as "van accessible... Curb cuts should be designed to be three feet in width, have a slope of 1 in 12 and have level areas at top and bottom. Ms. Dixon- even if there was no law stipulating access for handicapped persons, I would still appeal to your sense of common decency. As I mentioned in my letter of March 3, 1992, I have already had wheelchair-bound patients telephone me from inside their van while parked in the lot, complaining they were unable to access the sidewalk (and subsequently my office) . How would you feel if this happened to a member of YOUR family?

I am not looking for any more "we will look into it" letters from you or any of the well-respected parties listed at the end of this letter. Nor do I believe that the "barrier removal efforts" involved here would be very costly or time-consuming, and I believe that there might even be a tax credit for removing these "barriers." Regardless, I find your disregard of this matter quite appalling, and I AGAIN beseech you to attend to this serious issue. Sincerely, David A. Grossman, D.D.S. President, Baldwin Chamber of Commerce cc: Hon. Alfonse M. D'Amato United States Senate Hon. Norman F. Lent United States House of Representatives Hon. Norman J. Levy New York State Senate Hon. Charles O'Shea New York States Assembly Hon. Thomas S. Gulotta Nassau County Executive Hon. David A. Levy Councilman, Town of Hempstead Don Dreyer, Director Office for the Physically Challenged Joseph Nocella, First Deputy Commissioner Town of Hempstead Department of Buildings Eastern Paralyzed Veterans Association Disabled American Veterans Jewish War Veterans United Properties Corp.

(HANDWRITTEN) XXXXXXXXXXX XXXXXXXXXXX February 27, 1992 David A. Grossman, DDS 1685 Grand Ave. Suite 209 Baldwin, NY 11510 Dear Dr. Grossman: As you are aware on Tuesday Feb 24 I had great difficulty in keeping my 5:30 PM appointment. My wife & I , being confined to wheelchairs, were unable to gain access to your office because the curb clips for wheelchairs was blocked by a parked vehicle. This problem, at this location, has presented itself on other occasion and I feel very strongly that better arrangement should be worked out for your disabled patience. We do appreciate your coming down to the parking lot lifting us up the curb however we feel that a problem of this nature should be corrected & not be a burden on anyone. We would appreciate if you would once again notify the landlord or other authorities so that this can be corrected-very (illegible) and economically. Thanks once again for your help. Sincerely, XXXXXX