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The Honorable Harris Wofford United States Senator 9456 Federal Building 600 Arch Street Philadelphia, Pennsylvania 19106 Attention: Allen Wolinsky Dear Senator Wofford: This letter responds to your inquiry on behalf of XX (b)(6)xx concerning the installation of a ramp and accessible parking at the Cedarhook Hill Apartments and an adjacent building that contains a doctor's office in Wyncote, Pennsylvania. The Americans with Disabilities Act ("ADA") authorizes this Department to provide technical assistance to individuals and entities that have rights or responsibilities under the ADA. Therefore, this letter provides informal guidance to assist you in responding to XX . However, this technical assistance does not constitute a legal interpretation and it is not binding on the Department of Justice. Under title III of the ADA, strictly residential facilities are expressly exempt from ADA coverage, unless they also include one of the 12 categories of places of public accommodation (see pages 35551 and 35594 of the enclosed title III rule). If a residential facility includes a social service center, for example, the facility would be considered a place of public accommodation. Places of public accommodation, including doctors' offices and other health care facilities, are required to remove architectural barriers to access by individuals with disabilities in existing facilities where such removal is readily achievable. Example of steps to remove barriers include the installation of ramps and the relocation of designated accessible parking spaces. For a fuller discussion of this issue, please refer to section 36.304 of the enclosed title III regulation and pages 28-39 of
the enclosed Title III Technical Assistance Manual. cc: Records; Chrono; Wodatch; McDowney; Delaney; FOIA; MAF. :udd:delaney:ada.cong.wofford.(b)(6)xx
01-01811 -2We cannot ascertain solely on the basis of the information provided whether the apartment complex or the adjacent building is in violation of the ADA. If (b)(6)xx wishes to file a formal complaint with the Department of Justice to initiate an investigation of this matter, she should send a written complaint to: Public Access Section, Civil Rights Division, Post Office Box 66738, Washington, D.C. 20035-6738. I hope this information is helpful in responding to your constituent. Sincerely,
John R. Dunne Assistant Attorney General Civil Rights Division Enclosures (2)
(Handwritten Letter) Senator Harris Wofford - Sept. 22, 1992 9456 Federal Bldg. 600 Arch St. Phila. Pa. 19106 Re Amer. with Disability Act Dear Sen. WoffordI live at (b)(6) in Wyncote, Pa. For the past 5 or 6 months I have asked the Manager of the apts, plus the Mgr. of Bldg. 3 to please instal a ramp for handicapped people, with no help from them. When I go to my Dr. (Stephen Margolis) in Bldg. 3 I must take a cane. I have great difficulty in going up a step from the street, but even more
in going down this fairly high step to get to my car - which I must park in one, or more spaces for the Handicapped, which are not near the 202-62-0
the entrance I must use for this part of the Bldg I would greatly appreciate it if you could help me in this regard. There are also Doctors' offices beyond Dr. Marglis'. Thank you very much for your assitance in this matter. Sincrely,