President Sunrise East Homeowners' Association, Inc. 2333 Silver Oak Circle Palm Springs, California 92264
Dear Mrs. Schick:
This is in response to your letter requesting
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 you in understanding the ADA's requirements. However, it does not constitute a legal interpretation and it is not binding on the Department.
You inquire whether you are required to install ramps in
your condominium building for persons with disabilities.
The ADA does not apply to strictly residential facilities.
However, the federal Fair Housing Act, as amended, also prohibits discrimination on the basis of disability. That Act does not require the Condominium Association to provide a ramp. However, it does prohibit the Association from refusing to rent or sell to a person with a disability and would require the Association to permit the person with a disability to install a ramp at his or her own expense. There are more extensive requirements for providing accessibility in newly constructed multi-family housing, including condominiums.
cc: Records Chrono Wodatch Magagna.pl.169 arthur T. 6/4/92
01-00892 SUNRISE EAST HOMEOWNERS' ASSOCIATION, INC.
November 29, 1991
Ms. Irene Bowen
Department of Justice Constitution Avenue & Tenth Street, NW Washington, D.C. 20530
Dear Madam:
I am the President of our condominium homeowners association
in Palm Springs, California, and would like to know the following: Is it the law that we must install ramps for disabled people?
From the information we have received from our local Building
Department it is not clear what the position is for an established condominium complex and they suggested we contact you. We have no disabled people living in our condominiums at this time.
I would be grateful to receive an explanation from you at
your earliest convenience. Sincerely,
(Mrs.) Hedy Schick
President 2333 Silver Oak Circle Palm Springs, CA 92264 Civil Rights Division Coordination and Review Section P.O. Box 86118 Washington, D.C. 20035-ILLEGIBLE 01-00893 -2- There may also be state or local laws that have more stringent requirements.
I hope this information is useful to you.
Sincerely,
Joan A. Magagna Deputy Director Office on the Americans with Disabilities Act 01-00894