DJ 202-PL-142

                                             AUG 31 1992

Robert Sweetser, RA
Office of R.S. Griffin
32 All Souls Crescent
Asheville, North Carolina 28803

Dear Mr. Sweetser:

        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 a strictly residential building would
be covered by the ADA. The ADA does not apply to strictly
residential buildings, which offer no social, recreational or
other services. Nor does it apply to amenities provided for the
exclusive use of tenants and their guests. However, as you
correctly noted, it does cover any spaces within the building
intended for or used by the public. In addition, the federal
Fair Housing Act, as amended, prohibits discrimination on the
basis of disability in housing and provides additional
accessibility requirements for certain newly constructed housing
facilities. There may also be state or local laws that have
additional or more stringent requirements.

        Please consult the enclosed title III regulations and
Technical Assistance Manual for further discussion of ADA issues.

cc: Records, Chrono, Wodatch, Magagna, Novich, Library, FOIA
    Udd:Novich:policy.pl.142.ltr
01-01477

                                - 2 -
        I hope this information is useful to you.

                                        Sincerely,


                                        Joan A. Magagna
                                        Deputy Director
                        Office on the Americans with Disabilities Act
Enclosures (2)
        Title III regulations
        Title III Technical Assistance Manual
01-01478