MAR 10 1993 The Honorable Charles S.

Robb United States Senate 493 Russell Senate Office Building Washington, D.C. 20510-4603 Dear Senator Robb: This letter is in response to your inquiry on behalf of your constituent, XX who seeks 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 your constituent in understanding the ADA's requirements. However, it does not constitute a legal interpretation and it is not binding on the Department. (b)(6) expresses concern about the failure of his condominium board to install accessibility features, such as Brailled elevator buttons, accessible restroom stalls, and ramp handrails, at the condominium in which he lives. (b)(6) states that, in addition to its residential spaces, his condominium building houses at least five businesses that are open to the public. Title III of the ADA, which covers places of public accommodation and commercial facilities, does not apply to strictly residential facilities. However, within residential buildings, 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, constitute "places of public accommodation" within the meaning of title III, and must comply with the ADA. For instance, all of the establishments XX cites as being located in his condominium building, a retail store, beauty salon, dry cleaner, attorney's office, and real estate office, are covered by title III. The twelve categories of places of public accommodation are discussed in section 36.104 of the enclosed title III regulation, at page 35594, with corresponding preamble discussion at pages 35551-35552.

cc: Records, Chrono, Wodatch, Breen, McDowney, Novich, FOIA Udd:Novich:congress.Robb

01-01944 The parking, entrances, access routes, and restrooms serving those places of public accommodation would also be subject to ADA jurisdiction. However, areas and routes that serve only the residential areas of the facility are not covered by title III. Title III of the ADA can be enforced by private litigation or by filing a complaint with the Department of Justice. If (b)(6) XX would like to file a complaint against any places of public accommodation in his condominium building, he should send any relevant information, including the names and addresses of the businesses he alleges to be in violation of the ADA, to: Public Access Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 All complaints should be in writing and should set forth, in as complete a manner as possible, the factual circumstances surrounding the complaint. In addition, the Fair Housing Act, which contains nondiscrimination and accessibility requirements relating to persons with disabilities, may apply to both the residential and the common-use areas in XX condominium. For more information on the Fair Housing Act, (b)(6) may contact: U.S. Department of Housing and Urban Development Office of Fair Housing 451 Seventh St., S.W. Washington, D.C. 20410-2000 (202) 708-8041

I hope this information is useful to your constituent in understanding the requirements of the ADA. Sincerely,

James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosures (2) Title III Regulation Title III Technical Assistance Manual

01-01945 (HANDWRITTEN) (b)(6) McLean Virginia XX Senator Charles S. Robb 19 January 1993 State Office Old City Hall 1001 East Broad Street Richmond Virginia 22102-1815 Sir: I am writing to you on matters different than the past. They affect me and others on a daily basis. Specifically, that have to do with the handicap adaptability of the Condominium in which I live. Theoretically, the Condominium Board claims this is a private building. I claim no since there is a commercial member on the Board and at least five businesses interior to the building which are used by the public (store, beauty, salon, dry cleaners, attorney, real estate agents). There are no braille buttons on the elevators; interior and exterior doors are difficult to open regardless of age or disability; there are no handicap stalls in the bathrooms; and their are no handrails up ramps leading to

the parking garages. I would have hoped that the Board and the people who live here would want to make these repairs because its the right thing to do not because they have to do it. During a recent condo election I was appalled to find people insensitive to the fact that the only exterior ramps are exposed to bad weather. A recent effort on my part to raise money for handicap improvements raised zero. Many of the condo board members are past and current state and federal government employees. I have refused to pay condo fees since this situation exists and asked for a rebate of moneys paid since the law was passed. I ask you and the other government officials below to assist me in finding those cognizant agencies relevant to enforcement of the law. XX cc: Secretary of Labor Reich, Commonwealth of Va Secretary of HHS M.M. Cullum ILLEGIBLE Condo Board Members: E. MacLaughlin, Carolyn Moss, Scott Segal