T. 11-22-96 DEC 4 1996 The Honorable Tim Holden Member, U.S.

House of Representatives Berks County Services Center 633 Court Street Reading, Pennsylvania 19601 Dear Congressman Holden: I am responding to your request for information on the Americans with Disabilities Act (ADA) on behalf of your constituent, Ms. Carolyn Jaffe. Specifically, Ms. Jaffe requests information regarding the responsibility of a landlord and a tenant as it relates to the removal of barriers in an existing building. The regulation implementing title III of the ADA (enclosed) states that "[b]oth the landlord who owns the building that houses a place of public accommodation and the tenant who owns or operates the place of public accommodation are public accommodations subject to the requirements of this part." 28 C.F.R. S 36.201(b). However, the regulation does allow the parties to allocate their compliance responsibilities between them through means of a lease or contract. The responsibilities of an entity subject to the title III regulation are two-fold. Both facilities housing places of public accommodation that are designed or constructed for first occupancy after January 26, 1993, and those that are altered or renovated after January 26, 1992, must comply with the ADA Standards for Accessible Design. 28 C.F.R S 36.406. In addition, a public accommodation must "remove architectural barriers in existing facilities ... where such removal is readily achievable." 28 C.F.R. S 36.304. This provision requires that public accommodations in existing facilities that are not being altered must, nevertheless, remove barriers to access where that removal is able to be carried out without much difficulty or expense. If Ms. Jaffe has any questions or needs additional

information regarding the requirements of the ADA, she may contact the Department's ADA information line at 800-514-0301 (voice) or 800-514-0383 (TDD). Members of the Disability Rights cc: Records, Chrono, Wodatch, Mercado, McDowney, FOIA n:\udd\mercado\letters\congress\holden3.jlb 01-04358 -2Section staff are available to answer questions on the information line from 10:00 a.m. to 6:00 p.m., Eastern time, on Monday, Tuesday, Wednesday, and Friday. On Thursday, the information line is staffed from 1:00 p.m. to 6:00 p.m. I hope that this information is helpful to you and your constituent. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosure 01-04359​ HEALTH and Wellness Alternative Medical Center Carolyn Jaffe, R.Ac., Dipl. NCCA October 16, 1996 Judith M. Mellor, RN, R.Ht. Congressman Tim Holden 633 Court Street Reading, PA 19601

Dear Congressman Holden: I am writing to request a determination regarding handicap accessibility for medical office buildings. I have been renting space at 309 Madison Avenue, where my medical practice is located and I would like to know who is responsible for supplying ramps, handrails, etc. My patients have complained about the difficulty of getting into and out of my office, and I am interested in finding out whether the responsibility for these measures falls upon the landlord or myself as the tenant. I would like to thank you in advance for your expedient response to this request. Time is of the essence, since winter is approaching we would like to have this issue resolved so that our handicapped patients will be able to continue to receive medical treatment irregardless of weather conditions. Thank you again for your time and consideration of this request. Sincerely, Carolyn Jaffe, R.Ac., CMT 309 Madison Avenue Reading, PA 19605 (610) 929-0797 202-620 PAIN & ALLERGY ELIMINATION ACUPUNCTURE * HERBOLOGY * KINESIOLOGY * IRIDOLOGY 01-04360