DJ 202-PL-280/300 Robert L.

Thompson President Wiston Management 7007 College Boulevard Suite 420 Overland Park, Kansas 66211 Dear Mr. Thompson:

JUN 15 1993

This letter is in response to your inquiries about the application of the Americans With Disabilities Act (ADA) to leasing offices in apartment complexes. 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. Your correspondence indicates that you understand that the ADA applies to leasing offices within apartment complexes. You state that you have completed a survey of leasing facilities, but you are unsure of how to comply with ADA requirements. Your understanding that the ADA applies to leasing offices within apartment complexes is correct. Although title III of the ADA does not apply to strictly residential dwellings, it does cover areas within residential buildings, such as leasing offices, 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. In order for your leasing offices to comply with the ADA, the offices themselves, as well as the parking, building entrances, access routes, and restrooms and drinking fountains serving the offices must also comply. The portions of Title III relevant to your leasing offices require that in existing places of public accommodation, all structural barriers to access be removed if their removal is

readily achievable. Readily achievable means easily accomplishable without much difficulty or expense. If the cc: Records, Chrono, Wodatch, Breen, Magagna, Novich, Friedlander, FOIA, Cager Udd:Novich:Policy:280 01-02387 -2removal of a barrier to access is not readily achievable, the public accommodation must provide any readily achievable alternatives to barrier removal. For instance, if it is not readily achievable to make the entrance to one of your offices accessible, offering leasing services in a different, accessible location for persons with disabilities might be a readily achievable alternative. Examples of potential structural barriers to access, in or on the route to the leasing office, that you should be evaluating for their accessibility are: entrances, doorways, passageways, telephones and restrooms that are available for public use; drinking fountains, door knobs and other controls; alarm systems; and signage to designate rooms, information, and parking. Section 36.304 of the enclosed title III regulation, at page 35597, lists 21 examples of barriers that are probably readily achievable to remove and also suggests priorities for removal of barriers. In addition, you may want to consult pages 28-35 of the enclosed title III Technical Assistance Manual, which further discusses removal of barriers. The title III regulation includes as an appendix the Americans With Disabilities Act Accessibility Guidelines (ADAAG), which sets forth the ADA's technical specifications for accessibility in new construction and building alterations. When removing barriers in existing facilities, strict compliance with these specifications is not necessarily required if not readily achievable. However, departures from the guidelines are permitted only if they do not compromise safety for persons with disabilities and others. You should consult the specifications of the ADA Standards for Accessible Design as you evaluate your leasing facilities, and determine the extent to which your leasing offices can remove barriers to meet those specifications.

Although this letter has addressed only your offices' obligations to remove barriers, your offices must also comply with title III's other requirements for existing facilities. These requirements include provision of auxiliary aids and services where necessary for effective communication with persons with disabilities, reasonable modification of policies, practices or procedures where necessary for the participation of persons with disabilities, and the elimination of eligibility criteria that tend to screen out persons with disabilities. These subjects are discussed further in the title III regulation and Technical Assistance Manual. Your offices may also have responsibilities to their employees under title I of the ADA.

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For more information regarding employment responsibilities, you may contact the Equal Employment Opportunity Commission (EEOC), at: 1801 L Street, N.W. Washington, D.C. 20507 (202) 669-3362 (voice) (800) 800-3302 (TDD). I hope this information is helpful to you. Sincerely,

Joan A. Magagna Deputy Chief Public Access Section Enclosures (3)

Title III regulation Title III Technical Assistance Manual Title III Technical Assistance Manual Supplement 01-02389​ Wiston August 8 1992

Director U.S. Department of Justice Civil Rights Division Office of the American with Disabilities Act 10th and Pennsylvania N.W. Washington D.C. 20530 RE: Candletree Apartments, Omaha Nebraska Dear Director: Candletree Apartments is an apartment community built in 1973 in Omaha Nebraska. It is our understanding that the leasing office area of this community would be considered an area of "public accommodation" under the American with Disabilities Act. Candletree Apartments was built prior to the new architectural Standards established for the accommodation of the handicapped. We have done a survey of the physical facilities in the leasing office area to try to determine what deficiencies there may be and what we can do to accommodate those with handicaps. We have designated handicap parking in front of the leasing office with the appropriate signage. We have read the act and it is not clear to us exactly what we are supposed to do in order to comply. We are requesting guidance from you regarding what is necessary for us to do in order to be in compliance with the requirements of the Act. Please let us know how we should proceed. Sincerely,

Robert L. Thompson President, Wiston Management Inc.

Rec'd- OADA AUG 12 1992

01-02398

Wiston

August 20, 1992

Director U.S. Department of Justice Civil Rights Division Office of the American with Disabilities Act 10th and Pennsylvania N.W. Washington D.C. 20530 RE: GLENDALE COMMON APARTMENTS Dear Director: Glendale Common is an apartment community built in 1970 in Independence, Missouri. It is our understanding that the leasing office area of this Community would be considered an area of "public accommodation" under the American with Disabilities Act. Glendale Common was built prior to the new architectural standards established for the accommodation of the handicapped. We have done a survey of the physical facilities in the leasing office area to try to determine what deficiencies there may be and what we can do to accommodate those with handicaps. We have designated handicap parking in front of the leasing office with the appropriate signage. We have read the act and it is not clear to us exactly what we are supposed to do in order to comply. We are requesting guidance from you regarding what is necessary for us to do in order to be in compliance with the requirements of "the Act.

Please let us know how we should proceed. Sincerely,. Robert L. Thompson President, Wiston Management Inc. 202-PL-300 Rec'd oada AUG 27 1992

01-02390​ August 8, 1992 Director U.S. Department of Justice Civil Rights Division Office of the American with Disabilities Act 10th and Pennsylvania N.W. Washington D.C. 20530 RE: Twin Creek Apartments, Killeen Texas Dear Director: Twin Creek Apartments is an apartment community built in 1984 in Killeen Texas. It is our understanding, that the leasing office area of this community would be considered an area of "public accommodation" under the American with Disabilities Act. Twin Creek Apartments was built prior to the new architectural standards established for the accommodation of the handicapped. We have done a survey of the physical facilities in the leasing office area to try to determine what deficiencies there may be and what we can do to accommodate those with handicaps. We have designated handicap parking in front of the leasing office with the appropriate signage. We have read the act and it is not clear to us exactly what we are supposed to do in order to comply. We are requesting guidance from you regarding what

is necessary for us to do in order to be in compliance with the requirements of the Act. Please let us know how we should proceed.

Sincerely, Robert L. Thompson President, Wiston Management Inc AUG 11 1992 Received- OADA

01-02392​

Wiston

August 8, 1992

Director U.S. Department of Justice Civil Rights Division Office of the American with Disabilities Act 10th and Pennsylvania N.W. Washington D.C. 20530 RE: Sunrise at Atascosita, Humble Texas Dear Director: Sunrise at Atascosita is an apartment community built in 1984 in Humble Texas. It is our understanding, that the leasing office area of this community would be considered an area of "public accommodation" under the American with Disabilities Act. Sunrise at Atascosita was built prior to the new architectural standards established for the accommodation of the handicapped. We have done a survey of the physical facilities in the leasing office area to try to

determine what deficiencies there may be and what we can do to accommodate those with handicaps. We have designated handicap parking in front of the leasing office with the appropriate signage. We have read the act and it is not clear to us exactly what we are supposed to do in order to comply. We are requesting guidance from you regarding what is necessary for us to do in order to be in compliance with the requirements of the Act. Please let us know how we should proceed. Sincerely, Robert L. Thompson President, Wiston Management Inc. AUG 11 1992 Received- OADA

Wiston

August 8, 1992

Director U.S. Department of Justice Civil Rights Division Office of the American with Disabilities Act 10th and Pennsylvania N.W. Washington D.C. 20530 RE: Woodland Trace Apartments, Carmel Indiana Dear Director: Woodland Trace Apartments is an apartment community built in 1972 in Camel Indiana. It is our understanding, that the leasing office area of this community would be considered an area of "public accommodation" under the

American with Disabilities Act. Woodland Trace Apartments was built prior to the new architectural standards established for the accommodation of the handicapped. We have done a survey of the physical facilities in the leasing office area to try to determine what deficiencies there may be and what we can do to accommodate those with handicaps. We have designated handicap parking in front of the leasing office with the appropriate signage. We have read the act and it is not clear to us exactly what we are supposed to do in order to comply. We are requesting guidance from you regarding what is necessary for us to do in order to be in compliance with the requirements of the Act. Please let us know how we should proceed. Sincerely, Robert L. Thompson President, Wiston Management Inc. AUG 11 1992 Received- OADA

01-02393​August 8, 1992 Wiston

Director U.S. Department of Justice Civil Rights Division Office of the American with Disabilities Act 10th and Pennsylvania N.W Washington D.C. 20530 RE: Westbrook Manor Apartments, Omaha Nebraska Dear Director:

Westbrook Manor Apartments is an apartment community built in 1973 in Omaha Nebraska. It is our understanding, that the leasing office area of this community would be considered an area of "public accommodation" under the American with Disabilities Act. Westbrook Manor Apartments was built prior to the new architectural standards established for the accommodation of the handicapped. We have done a survey of the physical facilities in the leasing office area to try to determine what deficiencies there may be and what we can do to accommodate those with handicaps. We have designated handicap parking in front of the leasing office with the appropriate signage. We have read the act and it is not clear to us exactly what we are supposed to do in order to comply. We are requesting guidance from you regarding what is necessary for us to do in order to be in compliance with the requirements of the Act. Please let us know how we should proceed. Sincerely, Robert L. Thompson President, Wiston Management AUG 11, 1992 Received-OADA

01-02394

Wiston

August 8, 1992

Director U.S. Department of Justice Civil Rights Division Office of the American with Disabilities Act

10th and Pennsylvania N.W. Washington D.C. 20530 RE: Villa Medici Apartments, Overland Park Kansas Dear Director: Villa Medici Apartments is an apartment community built in 1969 in Overland Park Kansas. It is our understanding, that the leasing office area of this community would be considered an area of "public accommodation" under the American with Disabilities Act. Villa Medici Apartments was built prior to the new architectural standards established for the accommodation of the handicapped. We have done a survey of the physical facilities in the leasing office area to try to determine what deficiencies there may be and what we can do to accommodate those with handicaps. We have designated handicap parking in front of the leasing office with the appropriate signage. We have read the act and it is not clear to us exactly what we are supposed to do in order to comply. We are requesting guidance from you regarding what is necessary for us to do in order to be in compliance with the requirements of the Act. Please let us know how we should proceed.. Sincerely, Robert L. Thompson President, Wiston Management Inc.

AUG 11 1992 Received-OADA 01-02395​ Wiston August 8, 1992

Director U.S. Department of Justice

Civil Rights Division Office of the American with Disabilities Act 10th and Pennsylvania N.W. Washington D.C. 20530 RE: Greenbriar Apartments, Overland Park Kansas Dear Director: Greenbriar Apartments is an apartment community built in 1967 in Overland Park Kansas. It is our understanding, that the leasing office area of this community would be considered an area of "public accommodation" under the American with Disabilities Act. Greenbriar Apartments was built prior to the new architectural standards established for the accommodation of the handicapped. We have done a survey of the physical facilities in the leasing office area to try to determine what deficiencies there may be and what we can do to accommodate those with handicaps. We have designated handicap parking in front of the leasing office with the appropriate signage. We have read the act and it is not clear to us exactly what we are supposed to do in order to comply. We are requesting guidance from you regarding what is necessary for us to do in order to be in compliance with the requirements of the Act. Please let us know how we should proceed. Sincerely, Robert L. Thompson President, Wiston Management Inc. AUG 11 1992 Received-OADA 01-02396

Wiston

August 8, 1992

Director U.S. Department of Justice Civil Rights Division Office of the American with Disabilities Act 10th and Pennsylvania N.W. Washington D.C. 20530 RE: Fallwood Apartments, Indianapolis Indiana Dear Director: Fallwood Apartments is an apartment community built in 1972 in Indianapolis Indiana. It is our understanding, that the leasing office area of this community would be considered an area of "public accommodation" under the American with Disabilities Act. Fallwood Apartments was built prior to the new architectural standards established for the accommodation of the handicapped. We have done a survey of the physical facilities in the leasing office area to try to determine what deficiencies there may be and what we can do to accommodate those with handicaps. We have designated handicap parking in front of the leasing office with the appropriate signage. We have read the act and it is not clear to us exactly what we are supposed to do in order to comply. We are requesting guidance from you regarding what is necessary for us to do in order to be in compliance with the requirements of the Act. Please let us know how we should proceed. Sincerely, Robert L. Thompson President, Wiston Management Inc.

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