# 42

III-1.2000

October 28, 1992

The Honorable Amo Houghton

Member, U.S. House of Representatives
Federal Building, Room 122
Jamestown, New York 14701

Attention: Carol Sheldon

Dear Congressman Houghton:

This letter responds to your inquiry on behalf of

XXXXXXXXXXXXXXX, concerning roadway conditions in the trailer
park where he resides. You have asked whether the Americans with
Disabilities Act (ADA) requires the roadways to be accessible to
Mr. XXXXXXX.

The Americans with Disabilities Act (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 your
constituent in understanding the ADA's provisions. However, it
does not constitutes a legal interpretation, and it is not
binding on the Department.

Title III of the ADA regulates "places of public

accommodation," as listed under Section 36.104 of the enclosed
title III regulation on page 35594. Residential facilities and
communities are not included under the ADA as places of public
accommodation. Therefore, if the trailer park in question is
open only to residents and their guests, and does not otherwise
include facilities qualifying as a "place of public accommoda-
tion," neither the park nor its roadways would be subject to ADA
regulation. Of course, residential facilities may be subject to
the nondiscrimination and accessibility requirements of the Fair
Housing Act.

The only other ADA provisions that may apply would be those
of title II, which governs State and local government programs
and services. However, it does not appear from your inquiry that
the roadways in question are under the authority of a State or
local government entity. Nevertheless, I have also enclosed a
copy of the Department's title II regulation, which describes
accessibility requirements applicable to State and local
services.

If Mr. XXXXXXX feels, after reviewing the enclosed

information, that the roadway conditions in question are
violative of either of the regulations, he may proceed as
explained on page 45 of the enclosed Title II Technical
Assistance Manual (for title II violations) or, for a title III
violation, as described on pages 64-7 of the enclosed Title III
Technical Assistance Manual. These two manuals also include
additional discussion of the general applicability of the ADA.

I hope this information assists you in responding to your

constituent.

Sincerely,

John R. Dunne
Assistant Attorney General
Civil Rights Division

Enclosures (4)