MAR 10 1993

The Honorable Charles S. Robb

United States Senate
493 Russell Senate Office Building
Washington, D.C. 20510-4603

Dear Senator Robb:

This letter is in response to your inquiry on behalf of your

constituent, XX who seeks information about the
Americans with Disabilities Act (ADA).

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 your constituent in understanding the ADA's
requirements. However, it does not constitute a legal
interpretation and it is not binding on the Department.

(b)(6) expresses concern about the failure of his

condominium board to install accessibility features, such as
Brailled elevator buttons, accessible restroom stalls, and ramp
handrails, at the condominium in which he lives. (b)(6)
states that, in addition to its residential spaces, his
condominium building houses at least five businesses that are
open to the public.

Title III of the ADA, which covers places of public

accommodation and commercial facilities, does not apply to
strictly residential facilities. However, within residential
buildings, areas 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,
constitute "places of public accommodation" within the meaning of
title III, and must comply with the ADA. For instance, all of
the establishments XX cites as being located in his
condominium building, a retail store, beauty salon, dry cleaner,
attorney's office, and real estate office, are covered by title
III. The twelve categories of places of public accommodation are
discussed in section 36.104 of the enclosed title III regulation,
at page 35594, with corresponding preamble discussion at pages
35551-35552.
cc: Records, Chrono, Wodatch, Breen, McDowney, Novich, FOIA
Udd:Novich:congress.Robb

01-01944

The parking, entrances, access routes, and restrooms serving

those places of public accommodation would also be subject to ADA
jurisdiction. However, areas and routes that serve only the
residential areas of the facility are not covered by title III.

Title III of the ADA can be enforced by private litigation

or by filing a complaint with the Department of Justice. If (b)(6)
XX would like to file a complaint against any places of public
accommodation in his condominium building, he should send any
relevant information, including the names and addresses of the
businesses he alleges to be in violation of the ADA, to:

Public Access Section

Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738

All complaints should be in writing and should set forth, in as

complete a manner as possible, the factual circumstances
surrounding the complaint.

In addition, the Fair Housing Act, which contains

nondiscrimination and accessibility requirements relating to
persons with disabilities, may apply to both the residential and
the common-use areas in XX condominium. For more
information on the Fair Housing Act, (b)(6) 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 is useful to your constituent in
understanding the requirements of the ADA.

Sincerely,

James P. Turner
Acting Assistant Attorney General
Civil Rights Division

Enclosures (2)
Title III Regulation
Title III Technical Assistance Manual

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(HANDWRITTEN) (b)(6)
McLean Virginia XX
Senator Charles S. Robb 19 January 1993
State Office
Old City Hall
1001 East Broad Street
Richmond Virginia 22102-1815

Sir:

I am writing to you on matters different

than the past. They affect me and others on a
daily basis. Specifically, that have to do with
the handicap adaptability of the Condominium
in which I live. Theoretically, the Condominium
Board claims this is a private building. I
claim no since there is a commercial member
on the Board and at least five businesses
interior to the building which are used by the
public (store, beauty, salon, dry cleaners,
attorney, real estate agents). There are no braille
buttons on the elevators; interior and exterior doors
are difficult to open regardless of age or disability;
there are no handicap stalls in the bathrooms;
and their are no handrails up ramps leading to
the parking garages. I would have hoped that the
Board and the people who live here would want
to make these repairs because its the right thing
to do not because they have to do it. During a recent
condo election I was appalled to find people insensitive
to the fact that the only exterior ramps are exposed
to bad weather. A recent effort on my part to
raise money for handicap improvements raised zero.
Many of the condo board members are past and
current state and federal government employees.
I have refused to pay condo fees since this situation
exists and asked for a rebate of moneys paid since
the law was passed. I ask you and the other
government officials below to assist me in finding
those cognizant agencies relevant to enforcement
of the law. XX

cc: Secretary of Labor Reich, Commonwealth of Va

Secretary of HHS M.M. Cullum
ILLEGIBLE Condo Board Members: E. MacLaughlin,
Carolyn Moss, Scott Segal

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