AUG 30 1993

The Honorable Charles S. Robb

United States Senator
Old City Hall
1001 East Broad Street
Richmond, Virginia 23219

Dear Senator Robb:

This is in response to your inquiry on behalf of your

constituent, xxxxx concerning the Americans with
Disabilities Act (ADA). Your constituent complains of barriers
to people who use wheelchairs in entering and maneuvering around
the lobby of his apartment building xxxxxxx

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 or legal advice, and it is not binding on the
Department.

Title III of the ADA does not apply to strictly residential

facilities. Nonetheless, the apartment complex and its lobby are
subject to the requirements of the Fair Housing Act, which
prohibits discrimination on the basis of disability and is
enforced by the Department of Housing and Urban Development. For
more information about the requirements of the Fair Housing Act,
your constituent may wish to contact the U.S. Department of
Housing and Urban Development, specifically its Office of Fair
Housing and Equal Opportunity at the following address:

Office of Fair Housing and Equal opportunity

U.S. Department of Housing and Urban Development
451 7th Street, S.W.
Washington, D.C. 20410

or by calling (202) 708-3855

cc: Records; chrono; Wodatch; McDowney; Breen; Novich; FOIA, MAF
\udd\burton\robbpol
01-02558

-2-

In certain circumstances an apartment lobby may be covered

by the ADA, if portions of the apartment complex, such as a party
room or swimming pool, are made available for use by the general
public, i.e., persons other than tenants or their guests. ADA
coverage would also result where a facility provides enough
social services for it to be considered a social service center
establishment.

Once covered by the ADA, the owners or operators of an

existing apartment building would be required to remove
architectural barriers to accessibility if their removal is
readily achievable, that is, if they can be removed without much
difficulty or expense. For more information on readily
achievable barrier removal, see 36-304 at pages 35,597 - 35,598
of the enclosed title III regulation.

I hope this information is useful to your constituent in

understanding the apartment complex's obligations.

Sincerely,
 James P. Turner
Acting Assistant Attorney General
Civil Rights Division

Enclosure

01-02559

(Handwritten)

Senator Charles Robb

1001 East Broad Street
Richmond, VA 23219

Dear Senator Robb,

I live at XX , Virginia.
I also have a 93 year old invalid mother
who uses a wheelchair and walker.

In the lobby XX there

are 3 steps which must be negotiated
any time I have to or wish to take
my mother out. In order to do this she
gets in the wheel chair at the apartment
and we go to the steps. I have to
take her only the chair support a great
deal of her weight to get her down
these steps, then back into the wheel-
chair & to the car. If we wish to
sit in the lobby, which we do daily,
we go through the same ordeal.

The management has been telling

us for over a year we are getting
a lift or ramp. So far nothing.

01-02560

I am of the opinion that the

American Disability Act states
people areas must meet the needs
of the handicap.

I would appreciate your help

in having these people comply with
the law.

The Management Company is:

XX

Thank you so much

Sincerely,

01-02561