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DJ 202-PL-00010 JUN 10 1992

Mr. James Cadwallader


Oreland Laundry Service
60 N. Clinton
Doylestown, Pennsylvania 18901

Dear Mr. Cadwallader:

This is in response to your letter requesting information


about the Americans with Disabilities Act.

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 apartment buildings are subject to the


ADA in circumstances both where they house "HUD tenants" and
where they do not. I am assuming that your reference to "HUD
tenants" means situations where apartment buildings are privately
owned (as opposed to being owned by a public housing authority)
and where some or all of the apartments are rented to tenants
receiving federal housing assistance. I am also assuming that
your inquiry is not directed to employment issues. After July
26, 1992, regardless of the nature of their business, all
employers with 25 or more employees are subject to the
nondiscrimination provisions of the ADA. After July 26, 1994,
employers with 15 or more employees are covered.

In a privately owned apartment building, regardless of


whether any or all of the tenants receive federal assistance, the
individual units used as residences are not covered by the ADA.
However, apartment units within a building that are used for
nonresidential purposes -- such as a doctor's office -- would be
covered by the ADA, because such an entity falls within the ADA's
definition of a "place of public accommodation."
cc: Records Chrono Wodatch Magagna.PL.10 arthur T. 6/9/92
01-00895
​ -2-
Although residential uses are not covered by the ADA, other
laws prohibiting discrimination on the basis of disability may be
applicable, such as the Fair Housing Amendments Act of 1988 and,
for entities receiving federal financial assistance, Section 504
of the Rehabilitation Act.

I have enclosed a copy of the Department's Title III


Technical Assistance Manual. I hope this information will be
useful to you.
Sincerely,

Joan A. Magagna

Deputy Director
Office on the Americans with Disabilities Act
01-00896
​ ORELAND LAUNDRY SERVICE
60 N. Clinton St.
Doylestown, PA. 18901

January 24, 1992

U.S. Dept. of Justice


Att: Civil Rights Division
Office of American w/Disabilities
P.O. Box 66118
Washington, D.C. 20035-6118
Pho: 202-514-0301

To Whom It May Concern:

I would like to know if apartment houses with HUD Tenants


must comply with the NEW A.D.A.? Also apartment houses without
HUD tenants?

All the information I have read has not addressed the area.
I would appreciate a copy of that part of the new law, if these
type of properties must comply, and when?

Thank you for your kind attention to this matter.

Respectfully,
James Cadwallader
JC/cj
file
01-00897

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