DJ 202-PL-518
                                                SEP 15 1993


Myron Koplin
Macon Iron & Paper Stock Co., Inc.
P.O. Box 506
Macon, GA 31202

Dear Mr. Koplin:

     This letter is in response to your inquiry about the
application of the Americans with Disabilities Act of 1990 (ADA)
to your residential apartment building.

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

     You ask whether the ADA requires the installation of an
entry and exit ramp in your apartment building in order to
provide access for the elderly. Strictly residential facilities
are not covered by title III of the ADA. However, there is one
possible application to your apartment building. Common areas
within residential buildings that are used by persons other than
building tenants and their guests, are covered by the ADA if they
fall into at least one of the 12 categories of places of public
accommodation. A rental office, for example, would be a place of
public accommodation within the meaning of the ADA. A swimming
pool for which memberships are sold to the general public would
also be a place of public accommodation. Areas that serve these
places of public accommodation, such as parking lots, entrances,
and paths of travel, are required under the ADA to be accessible.
In your case, for example, a ramp may be required if necessary to
provide access to a place of public accommodation within the
apartment building.



cc: Records, Chrono, Wodatch, Breen, Novich, FOIA, MAF
    Udd:Novich:Policy:518








01-02598


                             2

     For your further information, I am enclosing the regulation
promulgated under title III and the Title III Technical
Assistance Manual and Supplement. ADA coverage of common areas
in residential facilities is discussed on page I of the
Supplement. I hope this information is helpful to you.

                              Sincerely,



                           Philip L. Breen
                         Special Legal Counsel
                         Public Access Section



Enclosures
      Title III regulation
      Title III Technical Assistance Manual and Supplement
































01-02599


                                     U.S. Department of Justice

                                     Civil Rights Division

                                     Public Access Section

                                     P.O. Box 66738
DJ 202-PL-518                        Washington, D.C. 20035-6738

                                               APR 28 1993

Mr. Myron Koplin
Macon Iron & Paper Stock Company, Inc.
P.O. Box 506
Macon, Georgia 31202

Dear Mr. Koplin:

     The Civil Rights Division of the Department of Justice has
received your request for an interpretation of the Americans with
Disabilities Act (ADA). The ADA authorizes the Department of
Justice to provide technical assistance to entities that have
rights or responsibilities under the Act. The Civil Rights
Division will treat your inquiry as a request for technical
assistance and will provide informal guidance to you. However,
because of the large volume of requests for interpretations of
the ADA, we are unable to answer your letter at this time.

    Please be assured that the Division will respond to your
letter as soon as we can, although we cannot guarantee a response
by a certain date. We regret any inconvenience caused by our
delay in responding and have enclosed for your information two
documents on the ADA: "Title II Highlights" and "Title III
Highlights."

                                   Sincerely,

                                  Philip L. Breen
                               Special Legal Counsel
                               Public Access Section
                               Civil Rights Division

(handwritten)
Many thanks.
Enclosures  Thanks for documents.
Under Title III, is a residential apartment building.*
construed as a public accommodation?
Response to this is my single question.

*Eight floors
 45 units                            Myron Koplin

01-02600

RapidForms 
LETTER-LIMINATOR

   TO                                             FROM
     Office on the Amer. w Dis. Act.      MACON IRON & PAPER STOCK CO., INC.
     P. O. Box 66118                     "Serving Middle Georgia Since 1919"
     Washington, DC 20035                P. O. Box 506  Macon, GA 31202
                                         (912) 743-6773  Fax (912) 743-9965
Subject:     Wheelchair Access to 50 unit Apartment, 7 floors

4/15/93                     MESSAGE

I requested apartment to install entry and exit ramps for elderly,
they replied  that because is a  residential Historic District,
they are exempt.  Is this correct?  I thought if installation
can comply with zoning requirement, ramp would be
required.  Can you advise.                  With  thanks.
 
                                            Myron Koplin. 

                       REPLY



                                            202-PL-518

                   LETTER-LIMINATOR









01-02601