MAY 12 1994


The Honorable Richard Shelby
United States Senator
U.S. Courthouse, Room B-28
15 Lee Street
Montgomery, Alabama 36104

Dear Senator Shelby:

     This letter is in response to your inquiry on behalf of your
constituent.          XX          who seeks information 
regarding Federal laws that may require modification of the
sidewalks in his apartment complex to be accessible to
individuals who use wheelchairs.

     The Federal Fair Housing Act is the principal civil rights
statute that applies to private residential property.  The Fair
Housing Act contains guidelines for accessibility to persons with
disabilities in residential facilities.  For information about
the requirements of that Act and information an how to file a
complaint under the Fair Housing Act,      XX       may contact: B6

                    U.S. Department of Housing and
                       Urban Development
                    Office of Fair Housing
                    451 Seventh St., S.W.
                    Washington, D.C. 20410-2000
                    (202) 708-8041

     Another potentially applicable Federal law is the Americans
with Disabilities Act (ADA), which applies to certain privately
owned and operated facilities.  The Public Access Section of the
Civil Rights Division of the Department of Justice enforces title
III of the ADA, which covers places of public accommodation and
commercial facilities.  However, it does apply to common areas 
in residential buildings, such as rental offices, that function
as a place of public accommodation and that are not intended for 
the exclusive use of tenants and their guests.  The twelve
categories of places of public accommodation are listed in
section 36.104 of the enclosed title III implementing regulation,

cc:  Records, Chrono, Wodatch, McDowney, Blizard, Novich, FOIA,
     MAF
     Udd:Novich:Congress:Shelby


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at pages 35593-94.  Parking, entrances, access routes, and
restrooms serving the areas covered by the ADA would also be
covered.  Thus, if the sidewalks about which     XXXX     is
concerned serve as routes to a place of public accommodation
within his apartment complex, they would be covered by title III
of the ADA. However, areas and routes that serve only the
residential areas of the facility are not covered by title III.

    Title III can be enforced by private litigation or by filing
a complaint with the Department of Justice.  If the sidewalks are
covered by title III, and if     XXXX    would like to file a
complaint regarding the sidewalks, XX should send any relevant
information, including the names and addresses of the businesses
he alleges to be in violation of the ADA, to:

                             Public Access Section
                             Civil Rights Division
                             U.S. Department of Justice
                             P.O. Box 66738
                             Washington, D.C. 20035-6738

All complaints should be in writing and should set forth, in as
complete a manner as possible, the factual circumstances
surrounding the complaint.

    I hope this information is useful to your constituent in
understanding the requirements of the ADA.

                            Sincerely,





                         Deval L. Patrick
                     Assistant Attorney General
                      Civil Rights Division

Enclosures














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