JUN 15 1993

Dear (b) (6) This letter is in response to your inquiry about the Americans With Disabilities Act (ADA). Your letter states that you own a condominium in a complex that has no accessible resident parking spaces, although accessible spaces for visitors are provided. You ask whether the ADA requires the condominium association to make common areas accessible, and whether it requires that accessible parking spaces be installed for residents. 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 and it is not binding on the Department. The ADA does not apply to privately owned facilities that are strictly residential. Title III of the ADA applies to places of public accommodation and commercial facilities. Residential buildings are not commercial facilities, according to the title III definition, which appears on pages 35593 and 35547-48 of the enclosed title III regulation. Furthermore, title III defines places of public accommodation as facilities that are privately owned, affect commerce, and function as one of twelve categories of facilities listed in that title. The twelve categories of places of public accommodation are listed and discussed on pages 35594 and 35551-35552 of the title III regulation. Assuming that your condominium complex does not provide enough social services to be considered a social service center establishment, and assuming that it does not offer such short term stays that it could be considered a place of lodging, your condominium complex does not fit into any of the twelve categories of places of public accommodation, and it is thus not subject to title III of

the ADA. cc: Records, Chrono, Wodatch, Breen, Magagna, Novich, Friedlander, FOIA , Cager Udd:Novich:Policy:263 01-02380

-2Title II does, however, apply to any areas within a residential complex that are open for the use of persons other than residents and their guests, if those areas function as one of the twelve categories of places of public accommodation. For instance, if your complex has a sales office, or if it has any recreational facilities that are open to persons other than residents and their guests, title II covers these facilities. A parking garage serving any of the places of public accommodation within the facility would be covered by title III. Title II would not apply to parking areas used exclusively by residents and their guests. It would, however, apply to spaces designated for the sales office or any recreational facilities that are not restricted to use by residents and their guests. The Federal Fair Housing Act, as amended, does cover residential facilities and prohibits discrimination on the basis of disability. That Act requires landlords to make reasonable accommodations in rules, policies and practices. For more information on the Fair Housing Act, you 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 has been helpful to you. Sincerely,

Joan A. Magagna Deputy chief Public Access Section 01-02381

(b) (6)

Office of the ADA Civil Rights Division U.S. Dep't of Justice PO Box 66738 Washington,D.C. 20035-9998 Mr. or Ms.: I currently reside in XX NY. on a full time basis. I own, and spend some time in, a condominium I own in Florida. I am disabled and normally have an accessible handicapped parking space for my car in NY. This Florida condominium does not have any parking places for the disabled residents, only for the visitors to the place. This is a high rise unit with assigned parking places. I can find no discussion of any specific or uniquely numbered parking places in the ownership papers of my unit. I don't think this should make any difference though. This would then mean that a cripple might have to park a quarter of a mile from the front door if that is where their assigned parking slot was. I realize that the new "Americans with Disabilities Act" (ADA) does not pertain to the individual units. I question if this new law pertains to any common areas of the condominium. It appears that the visitor parking is, and should be, covered by the ADA law. It would appear only right for the parking for residents to be covered at least the same way. The question is, are they ?

Could you please reply, indicating if the condominium association has to observe the ADA laws in the common areas of the condominium? Are they required to have disabled parking for the residents, or can they have resident parking located so that some disabled people can be a quarter mile from the front door. Thank you,

(b) (6) 01-02382