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DJ 202-PL-193 OCT 20 1992 A. V. Pusateri President National Apartment Association Suite 900 1111 Fourteenth Street, N.W.

Washington, D.C. 20005 Dear Mr. Pusateri: 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 or legal advice, and it is not binding on the Department. You have asked whether the ADA governs a "business/rental clubhouse" within a residential complex. You have explained that the clubhouse is used primarily to coordinate on-site staffs and collect rent, but also occasionally to lease to tenants' friends, as a meeting place with outside brokers and for leasing to the public. You have specified that only "[a] very, very small percentage of the actual leasing is conducted with the public." Although the ADA does not apply to privately owned strictly residential facilities, it does cover places of public accommodation within residential facilities. Common areas that function as one of the ADA's twelve categories of places of public accommodation and that are not intended for the exclusive use of tenants and their guests are considered places of public accommodations and are thus required to comply with the ADA. An office that is used for rental transactions with the public is a public accommodation under the ADA, regardless of the extent of actual use by the public. Other common areas, such as party rooms, swimming pools, and tennis courts, that are intended for the exclusive use of residents and their guests, are amenities of the residential facility and not places of public accommodation. cc: Records, Chrono, Wodatch, Magagna, Novich, Library, FOIA

Udd:Novich:policy.pl.193.ltr 01-01618​ -2Such facilities are not subject to the accessibility requirements of the ADA, but to the requirements of the Fair Housing Act. If these common areas are opened up beyond residents and their guests on intermittent occasions, the facilities are subject to the ADA only for those events that are open to non-residents and their guests. Please consult the enclosed title III regulations and Technical Assistance Manual for further discussion of ADA issues. I hope this information is useful to you. Sincerely, John L. Wodatch Director Public Access Section Enclosures (2) Title III regulations Title III Technical Assistance Manual 01-01613​ NATIONAL APARTMENT ASSOCIATION Suite 900, 1111 Fourteenth Street, N.W., Washington, D.C. 20005 * Phone 202/842-4050 * FAX 202/842-4056 May 26, 1992 Mr. John Wodatch, Director Office on the Americans with Disabilities Act Department of Justice P.O. Box 66738 Washington, D. C. 20035-9998 Dear Sirs, I am the President of the National Apartment Association, representing 8 million rental units. The majority of these units are built in configurations of 100 plus units, which require an on-site business/rental clubhouse. The usage of these facilities, is primarily as a private business location coordinating the on-site staffs and collection of rental payments.

In addition, a very small area of these business offices are occasionally utilized to leasing to friends of the existing tenants and as a meeting place for appointments made telephonically with outside leasing brokerage concerns. A very, very small percentage of the actual leasing is conducted with the public. I would use your country club example as a parallel example. We highly screen and qualify potential residents in our business office. We occasionally have individuals who drive into the apartment community and are given a tour and documents for review and signature similar to a private country club. All common facilities usage at the apartment properties are restricted to use by the qualified, rent paying observing residents at the communities. Again, parallel to the usage of a country club, golf course, tennis courts, club house, restaurants, swimming pools etc. Due to these similar examples, I urge the ADA and the Department of Justice to allow all of the offices, facilities and physical improvements involved with housing to remain under the Fair Housing Regulations already in existence and successfully working. Sincerely, A. V. Pusateri, CPM, CSM, CAPs President Rec'd 6/12/92 01-01614