DEC 21 1992

The Honorable Harris Wofford

United States Senator
9456 Federal Building
600 Arch Street
Philadelphia, Pennsylvania 19106

Attention: Allen Wolinsky

Dear Senator Wofford:

This letter responds to your inquiry on behalf of XX

(b)(6)xx concerning the installation of a ramp and accessible
parking at the Cedarhook Hill Apartments and an adjacent building
that contains a doctor's office in Wyncote, Pennsylvania.

The Americans with Disabilities Act ("ADA") authorizes this

Department to provide technical assistance to individuals and
entities that have rights or responsibilities under the ADA.
Therefore, this letter provides informal guidance to assist you
in responding to XX . However, this technical
assistance does not constitute a legal interpretation and it is
not binding on the Department of Justice.

Under title III of the ADA, strictly residential facilities

are expressly exempt from ADA coverage, unless they also include
one of the 12 categories of places of public accommodation (see
pages 35551 and 35594 of the enclosed title III rule). If a
residential facility includes a social service center, for
example, the facility would be considered a place of public
accommodation.

Places of public accommodation, including doctors' offices

and other health care facilities, are required to remove
architectural barriers to access by individuals with disabilities
in existing facilities where such removal is readily achievable.
Example of steps to remove barriers include the installation of
ramps and the relocation of designated accessible parking spaces.
For a fuller discussion of this issue, please refer to section
36.304 of the enclosed title III regulation and pages 28-39 of
the enclosed Title III Technical Assistance Manual.

cc: Records; Chrono; Wodatch; McDowney; Delaney; FOIA; MAF.

:udd:delaney:ada.cong.wofford.(b)(6)xx

01-01811

-2-

We cannot ascertain solely on the basis of the information

provided whether the apartment complex or the adjacent building
is in violation of the ADA. If (b)(6)xx wishes to file a
formal complaint with the Department of Justice to initiate an
investigation of this matter, she should send a written complaint
to: Public Access Section, Civil Rights Division, Post Office
Box 66738, Washington, D.C. 20035-6738.

I hope this information is helpful in responding to your

constituent.

Sincerely,

John R. Dunne
Assistant Attorney General
Civil Rights Division

Enclosures (2)
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(Handwritten Letter)

Senator Harris Wofford - Sept. 22, 1992

9456 Federal Bldg.
600 Arch St.
Phila. Pa. 19106
Re Amer. with Disability
Act
Dear Sen. Wofford-
I live at (b)(6)
in Wyncote, Pa. For the past 5 or 6
months I have asked the Manager
of the apts, plus the Mgr. of Bldg. 3 to
please instal a ramp for
handicapped people, with no
help from them. When I go to
my Dr. (Stephen Margolis) in
Bldg. 3 I must take a cane. I have
great difficulty in going up a
step from the street, but even more
in going down this fairly high
step to get to my car - which I
must park in one, or more
spaces for the Handicapped,
which are not near the
202-62-0

01-01813

the entrance I must use for

this part of the Bldg -
I would greatly appre-
ciate it if you could
help me in this regard.
There are also Doctors'
offices beyond Dr. Marglis'.
Thank you very
much for your assitance
in this matter.

Sincrely,

(b)(6)
XX
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