DJ 202-PL-193

OCT 20 1992

A. V. Pusateri
President
National Apartment Association
Suite 900
1111 Fourteenth Street, N.W.
Washington, D.C. 20005

Dear Mr. Pusateri:

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

You have asked whether the ADA governs a "business/rental

clubhouse" within a residential complex. You have explained that
the clubhouse is used primarily to coordinate on-site staffs and
collect rent, but also occasionally to lease to tenants' friends,
as a meeting place with outside brokers and for leasing to the
public. You have specified that only "[a] very, very small
percentage of the actual leasing is conducted with the public."

Although the ADA does not apply to privately owned strictly

residential facilities, it does cover places of public
accommodation within residential facilities. Common areas that
function as one of the ADA's twelve categories of places of
public accommodation and that are not intended for the exclusive
use of tenants and their guests are considered places of public
accommodations and are thus required to comply with the ADA. An
office that is used for rental transactions with the public is a
public accommodation under the ADA, regardless of the extent of
actual use by the public. Other common areas, such as party
rooms, swimming pools, and tennis courts, that are intended for
the exclusive use of residents and their guests, are amenities of
the residential facility and not places of public accommodation.

cc: Records, Chrono, Wodatch, Magagna, Novich, Library, FOIA

Udd:Novich:policy.pl.193.ltr
01-01618​
-2-
Such facilities are not subject to the accessibility requirements
of the ADA, but to the requirements of the Fair Housing Act. If
these common areas are opened up beyond residents and their
guests on intermittent occasions, the facilities are subject to
the ADA only for those events that are open to non-residents and
their guests. Please consult the enclosed title III regulations
and Technical Assistance Manual for further discussion of ADA
issues.

I hope this information is useful to you.

Sincerely,

John L. Wodatch
Director
Public Access Section
Enclosures (2)
Title III regulations
Title III Technical Assistance Manual

01-01613​

NATIONAL APARTMENT ASSOCIATION

Suite 900, 1111 Fourteenth Street, N.W., Washington, D.C. 20005 * Phone
202/842-4050 * FAX 202/842-4056

May 26, 1992

Mr. John Wodatch, Director

Office on the Americans with Disabilities Act
Department of Justice
P.O. Box 66738
Washington, D. C. 20035-9998

Dear Sirs,

I am the President of the National Apartment Association, representing 8

million rental units. The majority of these units are built in configurations
of 100 plus units, which require an on-site business/rental clubhouse. The
usage of these facilities, is primarily as a private business location
coordinating the on-site staffs and collection of rental payments.
In addition, a very small area of these business offices are occasionally
utilized to leasing to friends of the existing tenants and as a meeting place
for appointments made telephonically with outside leasing brokerage concerns.
A very, very small percentage of the actual leasing is conducted with the
public.

I would use your country club example as a parallel example.

We highly screen and qualify potential residents in our business office. We

occasionally have individuals who drive into the apartment community and are
given a tour and documents for review and signature similar to a private
country club.

All common facilities usage at the apartment properties are restricted to use
by the qualified, rent paying observing residents at the communities. Again,
parallel to the usage of a country club, golf course, tennis courts, club
house, restaurants, swimming pools etc.

Due to these similar examples, I urge the ADA and the Department of Justice to
allow all of the offices, facilities and physical improvements involved with
housing to remain under the Fair Housing Regulations already in existence and
successfully working.

Sincerely,

A. V. Pusateri, CPM, CSM, CAPs

President
Rec'd 6/12/92
01-01614