DEC 14 1994 DJ 202-PL-880 Shon Merryman Graduate Traffic Engineer City of Carrollton Transportation Department P.O.

Box 110535 Carrollton, Texas 75011-0535 Dear Ms. Merryman: This letter responds to your letter inquiring about Americans With Disabilities Act (ADA) requirements for accessible residential parking in multi-family dwelling areas. Your question pertains specifically to the residential portions of the parking areas. The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities that have rights and responsibilities under the Act. This letter provides informal guidance to assist you in understanding the requirements of the ADA. However, this technical assistance does not constitute a determination by the Department of rights or responsibilities under the ADA, and is not binding on the Department of Justice. The ADA does not cover the residential portions of privately operated residential properties. Coverage may be provided, however, under the Fair Housing Amendments Act, which is enforced by the U.S. Department of Housing and Urban Development (HUD). To obtain further information about this Act, you may want to contact HUD at: (800) 795-7915 (voice) or (800) 927-9275 (TDD); or 202) 708-2618 (voice). I hope this information is helpful to you. Sincerely, Janet L. Blizard Supervisory Attorney Public Access Section cc: FOIA

01-03510​ CARROLLTON Transportation Department September 22, 1994 Mr. John Wodatch Public Access Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington DC 20035-6738 Re: Accessible Parking Spaces for Multi-Family Residences Dear Mr. Wodatch: A citizen of our community phoned our department recently to inquire about accessible parking spaces in a multi-family residential parking area. Apparently, this person was told by the apartment manager prior to moving in that an accessible space would be provided for them near their residence. According to the new tenant, this promise was never carried out. This call brought up a couple of issues which I have been unable to get resolved. The reason I am writing you is to hopefully get some clarification as to what the ADA requires or does not require as far as multi-family residential units are concerned. In this instance, I am not even sure whether the apartment owner/manager was required to provide accessible parking for residents. I know that for new apartment construction in our City, we require that accessible spaces be provided at the same rate as a retail development having the same number of spaces. However, this requirement is derived more from a strict interpretation of the Uniform Building Code rather than anything I have been able to find in the ADA requirements. From what I have been able to gather, multi-family residential units are treated under ADA as any other type of residence would be. This type of interpretation means that multi-family parking areas are exempt from such requirements, and therefore, are not required to provide any accessible spaces. My questions concerning ADA requirements are as follows: 1945 Jackson Road, Carrollton, Texas 75006, Telephone 214/466-3050

01-03511​ 1) Are apartments or any other type of multi-family development required to provide accessible parking spaces based on the overall parking requirement? 2) If so, is the property owner required to put the accessible spaces in any particular location, or can they place them wherever they want? 3) If the answer to question #1 is no, then is the property owner under any obligation to provide accessible spaces if the need arises. The questions I have are not related to common areas, office or retail space, or any other area that could be construed as publicly accessible within the apartment community. For these areas, I understand that they fall under a different category and are therefore bound by different rules. I am strictly concerned with the ADA as it pertains to the parking provided for the residential portion of the complex only. To my knowledge, this is the first time a question of this nature has come through our department. I would like to get it sorted out so that I can make a more timely response to our citizens in the future. I would appreciate it if you could look into this matter for me and let me know how the ADA applies to multi-family parking. Please send a written response addressed to me at: City of Carrollton Transportation Department P.O. Box 110535 Carrollton, TX 75011-0535 Thanks for your help. I look forward to hearing from you soon. Sincerely, Shon Merryman Graduate Traffic Engineer 01-03512