JUN 15 1993



Dear

                   (b) (6)

          This letter is in response to your inquiry about the
Americans With Disabilities Act (ADA).

     Your letter states that you own a condominium in a complex
 that has no accessible resident parking spaces, although
accessible spaces for visitors are provided. You ask whether the
ADA requires the condominium association to make common areas
accessible, and whether it requires that accessible parking
spaces be installed for residents.

     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.

        The ADA does not apply to privately owned facilities that 
are strictly residential. Title III of the ADA applies to places 
of public accommodation and commercial facilities.  Residential 
buildings are not commercial facilities, according to the title III 
definition, which appears on pages 35593 and 35547-48 of the enclosed
 title III regulation. Furthermore, title III defines
places of public accommodation as facilities that are privately
owned, affect commerce, and function as one of twelve categories
of facilities listed in that title. The twelve categories of 
places of public accommodation are listed and discussed on pages 
35594 and 35551-35552 of the title III regulation. Assuming that
 your condominium complex does not provide enough social services
 to be considered a social service center establishment, and
 assuming that it does not offer such short term stays that it
 could be considered a place of lodging, your condominium complex
 does not fit into any of the twelve categories of places of
public accommodation, and it is thus not subject to title III of
the ADA.

cc: Records, Chrono, Wodatch, Breen, Magagna, Novich,
Friedlander, FOIA , Cager
Udd:Novich:Policy:263

01-02380



                              -2-


        Title II does, however, apply to any areas within a
residential complex that are open for the use of persons other
than residents and their guests, if those areas function as one
of the twelve categories of places of public accommodation. For
instance, if your complex has a sales office, or if it has any
recreational facilities that are open to persons other than
residents and their guests, title II covers these facilities.

           A parking garage serving any of the places of public
accommodation within the facility would be covered by title III.
Title II would not apply to parking areas used exclusively by
residents and their guests. It would, however, apply to spaces
designated for the sales office or any recreational facilities
that are not restricted to use by residents and their guests.

     The Federal Fair Housing Act, as amended, does cover
residential facilities and prohibits discrimination on the basis
of disability. That Act requires landlords to make reasonable
accommodations in rules, policies and practices. For more
information on the Fair Housing Act, you 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 has been helpful to you.

                    Sincerely,



                    Joan A. Magagna
                        Deputy chief
                           Public Access Section


01-02381


                                   
                                                    (b) (6)



Office of the ADA
Civil Rights Division
U.S. Dep't of Justice
PO Box 66738
Washington,D.C. 20035-9998

Mr. or Ms.:

I currently reside in      XX            NY. on a full time basis.
I own, and spend some time in, a condominium I own in Florida.  I am
disabled and normally have an accessible handicapped parking space
for my car in NY. This Florida condominium does not have any
parking places for the disabled residents, only for the visitors to
the place.

This is a high rise unit with assigned parking places. I can find
no discussion of any specific or uniquely numbered parking
places in the ownership papers of my unit. I don't think this
should make any difference though. This would then mean that a cripple
might have to park a quarter of a mile from the front door if that is
where their assigned parking slot was.


I realize that the new "Americans with Disabilities Act" (ADA) does
not pertain to the individual units. I question if this new law
pertains to any common areas of the condominium. It appears that
the visitor parking is, and should be, covered by the ADA law. It
would appear only right for the parking for residents to
be covered at least the same way. The question is, are they ?


Could you please reply, indicating if the condominium
association has to observe the ADA laws in the common areas of the
condominium? Are they required to have disabled parking for the
residents, or can they have resident parking located so that some
disabled people can be a quarter mile from the front door.

                              Thank you,





                                   (b) (6)

01-02382