MAY 12 1994

The Honorable Larry LaRocco Member, U.S. House of Representatives 621 Main Street Lewiston, Idaho 83501 Dear Congressman LaRocco: This letter is in response to your inquiry on behalf of your constituent, XX who seeks information about the requirements, of the Americans with Disabilities Act (ADA). (b)(6) XX writes that she leases office space to a bookkeeping business. She inquires whether the ADA requires her to provide toilet facilities and whether there are exceptions to toilet specifications. Title III of the ADA would be applicable to XX (b)(6) because she leases to a business that would appear to be a place of public accommodation. Title III does not require a landlord in this circumstance to install toilet facilities where there previously were none. However, if toilet facilities are provided, title III imposes certain requirements to make the toilet rooms accessible to and usable by persons with disabilities. For existing buildings not undergoing alteration, architectural barriers to access must be removed where it is readily achievable to do so. Readily achievable is defined to mean easily accomplishable and without much difficulty or expense. The ADA makes both the landlord and tenant responsible for such changes, but the obligations can be allocated between them by contractual arrangement.

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-2If toilet rooms are being altered, they must be altered to meet the ADA Standards for Accessible Design (ADA Standards) unless doing so would be technically infeasible. If toilet rooms serve other parts of a building that are being altered, the toilet rooms may also have to be altered to meet the ADA standards if the cost of doing so would not be disproportionate to the cost of the overall alteration. In a newly constructed building, all parts of the facility, including toilet rooms, must be built according to the ADA Standards. I am enclosing copies of the title III regulation which include the ADA Standards and the Department's title III Technical Assistance Manual. The Department also provides information about the ADA by telephone at 1-800-514-0301. The information line is staffed Monday through Friday from 11:00 a.m. to 5:00 p.m. EST. I hope this information will assist you in responding to your constituent. Sincerely,

Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosures

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Congressman Larry LaRocco Constituent Service Form Name: (b)(6) Address: XX Phone: XX XX

XX

Social Security Number: Regarding: Please help me determine if there are any exceptions to the requirements in the American With Disabilities Act. I lease out office space to a bookkeeping business. Are there exceptions to toilet specification? Must it I provide toilet facilities. Under the Privacy Act of 1978 (Public Law 93-579) Federal and State government

agencies are prohibited from discussing anything regarding another individual without that person's written permission. Your signature on this page authorizes me, as your Congressman, to contact the proper officials on your behalf, discuss the matter and receive any pertinent information. Date: 3/17/94 Signature: XX (b)(6)

Please return this form to: Congressman Larry LaRocco 621 Main Street, Suite G Lewiston, Idaho 83501 01-03069