DJ 202-PL-280/300 JUN 15 1993

Robert L. Thompson
President
Wiston Management
7007 College Boulevard
Suite 420
Overland Park, Kansas 66211

Dear Mr. Thompson:

This letter is in response to your inquiries about the

application of the Americans With Disabilities Act (ADA) to
leasing offices in apartment complexes.

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.

Your correspondence indicates that you understand that the

ADA applies to leasing offices within apartment complexes. You
state that you have completed a survey of leasing facilities, but
you are unsure of how to comply with ADA requirements.

Your understanding that the ADA applies to leasing offices

within apartment complexes is correct. Although title III of the
ADA does not apply to strictly residential dwellings, it does
cover areas within residential buildings, such as leasing
offices, 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. In order for your
leasing offices to comply with the ADA, the offices themselves,
as well as the parking, building entrances, access routes, and
restrooms and drinking fountains serving the offices must also
comply.

The portions of Title III relevant to your leasing offices

require that in existing places of public accommodation, all
structural barriers to access be removed if their removal is
readily achievable. Readily achievable means easily
accomplishable without much difficulty or expense. If the

cc: Records, Chrono, Wodatch, Breen, Magagna, Novich,

Friedlander, FOIA, Cager
Udd:Novich:Policy:280

01-02387

-2-

removal of a barrier to access is not readily achievable, the

public accommodation must provide any readily achievable
alternatives to barrier removal. For instance, if it is not
readily achievable to make the entrance to one of your offices
accessible, offering leasing services in a different, accessible
location for persons with disabilities might be a readily
achievable alternative.

Examples of potential structural barriers to access, in or

on the route to the leasing office, that you should be evaluating
for their accessibility are: entrances, doorways, passageways,
telephones and restrooms that are available for public use;
drinking fountains, door knobs and other controls; alarm systems;
and signage to designate rooms, information, and parking.
Section 36.304 of the enclosed title III regulation, at page
35597, lists 21 examples of barriers that are probably readily
achievable to remove and also suggests priorities for removal of
barriers. In addition, you may want to consult pages 28-35 of
the enclosed title III Technical Assistance Manual, which further
discusses removal of barriers.

The title III regulation includes as an appendix the

Americans With Disabilities Act Accessibility Guidelines (ADAAG),
which sets forth the ADA's technical specifications for
accessibility in new construction and building alterations. When
removing barriers in existing facilities, strict compliance with
these specifications is not necessarily required if not readily
achievable. However, departures from the guidelines are
permitted only if they do not compromise safety for persons with
disabilities and others. You should consult the specifications
of the ADA Standards for Accessible Design as you evaluate your
leasing facilities, and determine the extent to which your
leasing offices can remove barriers to meet those specifications.
 Although this letter has addressed only your offices'
obligations to remove barriers, your offices must also comply
with title III's other requirements for existing facilities.
These requirements include provision of auxiliary aids and
services where necessary for effective communication with persons
with disabilities, reasonable modification of policies, practices
or procedures where necessary for the participation of persons
with disabilities, and the elimination of eligibility criteria
that tend to screen out persons with disabilities. These
subjects are discussed further in the title III regulation and
Technical Assistance Manual. Your offices may also have
responsibilities to their employees under title I of the ADA.

01-02388

-3-

For more information regarding employment responsibilities,

you may contact the Equal Employment Opportunity Commission
(EEOC), at:

1801 L Street, N.W.

Washington, D.C. 20507
(202) 669-3362 (voice)
(800) 800-3302 (TDD).

I hope this information is helpful to you.

Sincerely,

Joan A. Magagna
Deputy Chief
Public Access Section

Enclosures (3)
Title III regulation
Title III Technical Assistance Manual
Title III Technical Assistance Manual Supplement

01-02389​

Wiston August 8 1992

Director
U.S. Department of Justice
Civil Rights Division
Office of the American with Disabilities Act
10th and Pennsylvania N.W.
Washington D.C. 20530

RE: Candletree Apartments, Omaha Nebraska

Dear Director:

Candletree Apartments is an apartment community built in 1973 in Omaha

Nebraska. It is our understanding that the leasing office area of
this community would be considered an area of "public accommodation" under
the American with Disabilities Act.

Candletree Apartments was built prior to the new architectural

Standards established for the accommodation of the handicapped. We have done a
survey of the physical facilities in the leasing office area to try to
determine what deficiencies there may be and what we can do to accommodate
those with handicaps. We have designated handicap parking in front of the
leasing office with the appropriate signage.

We have read the act and it is not clear to us exactly what we are
supposed to do in order to comply. We are requesting guidance from you
regarding what is necessary for us to do in order to be in compliance with the
requirements of the Act.

Please let us know how we should proceed.

Sincerely,
Robert L. Thompson
President, Wiston Management Inc.

Rec'd- OADA
AUG 12 1992

01-02398

Wiston August 20, 1992

Director
U.S. Department of Justice
Civil Rights Division
Office of the American with Disabilities Act
10th and Pennsylvania N.W.
Washington D.C. 20530

RE: GLENDALE COMMON APARTMENTS

Dear Director:

Glendale Common is an apartment community built in 1970 in Independence,

Missouri. It is our understanding that the leasing office area of this
Community would be considered an area of "public accommodation" under the
American with Disabilities Act.

Glendale Common was built prior to the new architectural standards established
for the accommodation of the handicapped. We have done a survey of the
physical facilities in the leasing office area to try to determine what
deficiencies there may be and what we can do to accommodate those with
handicaps. We have designated handicap parking in front of the leasing office
with the appropriate signage.

We have read the act and it is not clear to us exactly what we are supposed to
do in order to comply. We are requesting guidance from you regarding what
is necessary for us to do in order to be in compliance with the requirements
of "the Act.
Please let us know how we should proceed.

Sincerely,.

Robert L. Thompson
President, Wiston Management Inc.

202-PL-300 Rec'd oada

AUG 27 1992

01-02390​

August 8, 1992

Director
U.S. Department of Justice
Civil Rights Division
Office of the American with Disabilities Act
10th and Pennsylvania N.W.
Washington D.C. 20530

RE: Twin Creek Apartments, Killeen Texas

Dear Director:

Twin Creek Apartments is an apartment community built in 1984 in Killeen

Texas. It is our understanding, that the leasing office area of this community
would be considered an area of "public accommodation" under the American
with Disabilities Act.

Twin Creek Apartments was built prior to the new architectural standards
established for the accommodation of the handicapped. We have done a
survey of the physical facilities in the leasing office area to try to
determine what deficiencies there may be and what we can do to accommodate
those with handicaps. We have designated handicap parking in front of the
leasing office with the appropriate signage.

We have read the act and it is not clear to us exactly what we are supposed to
do in order to comply. We are requesting guidance from you regarding what
is necessary for us to do in order to be in compliance with the requirements
of the Act.

Please let us know how we should proceed.

Sincerely,

Robert L. Thompson
President, Wiston Management Inc

AUG 11 1992
Received- OADA

01-02392​

Wiston August 8, 1992

Director
U.S. Department of Justice
Civil Rights Division
Office of the American with Disabilities Act
10th and Pennsylvania N.W.
Washington D.C. 20530

RE: Sunrise at Atascosita, Humble Texas

Dear Director:

Sunrise at Atascosita is an apartment community built in 1984 in Humble

Texas. It is our understanding, that the leasing office area of this community
would be considered an area of "public accommodation" under the American
with Disabilities Act.

Sunrise at Atascosita was built prior to the new architectural standards

established for the accommodation of the handicapped. We have done a
survey of the physical facilities in the leasing office area to try to
determine what deficiencies there may be and what we can do to accommodate
those with handicaps. We have designated handicap parking in front of the
leasing office with the appropriate signage.

We have read the act and it is not clear to us exactly what we are supposed to
do in order to comply. We are requesting guidance from you regarding what
is necessary for us to do in order to be in compliance with the requirements
of
the Act.

Please let us know how we should proceed.

Sincerely,

Robert L. Thompson
President, Wiston Management Inc.

AUG 11 1992
Received- OADA

Wiston August 8, 1992

Director
U.S. Department of Justice
Civil Rights Division
Office of the American with Disabilities Act
10th and Pennsylvania N.W.
Washington D.C. 20530

RE: Woodland Trace Apartments, Carmel Indiana

Dear Director:

Woodland Trace Apartments is an apartment community built in 1972 in

Camel Indiana. It is our understanding, that the leasing office area of this
community would be considered an area of "public accommodation" under the
American with Disabilities Act.

Woodland Trace Apartments was built prior to the new architectural standards
established for the accommodation of the handicapped. We have done a
survey of the physical facilities in the leasing office area to try to
determine what deficiencies there may be and what we can do to accommodate
those with handicaps. We have designated handicap parking in front of the
leasing office with the appropriate signage.

We have read the act and it is not clear to us exactly what we are supposed to
do in order to comply. We are requesting guidance from you regarding what
is necessary for us to do in order to be in compliance with the requirements
of the Act.

Please let us know how we should proceed.

Sincerely,
Robert L. Thompson
President, Wiston Management Inc.

AUG 11 1992
Received- OADA

01-02393​August 8, 1992

Wiston

Director
U.S. Department of Justice
Civil Rights Division
Office of the American with Disabilities Act
10th and Pennsylvania N.W
Washington D.C. 20530

RE: Westbrook Manor Apartments, Omaha Nebraska

Dear Director:
Westbrook Manor Apartments is an apartment community built in 1973 in
Omaha Nebraska. It is our understanding, that the leasing office area of this
community would be considered an area of "public accommodation" under the
American with Disabilities Act.

Westbrook Manor Apartments was built prior to the new architectural standards
established for the accommodation of the handicapped. We have done a
survey of the physical facilities in the leasing office area to try to
determine what deficiencies there may be and what we can do to accommodate
those with handicaps. We have designated handicap parking in front of the
leasing office with the appropriate signage.

We have read the act and it is not clear to us exactly what we are supposed to
do in order to comply. We are requesting guidance from you regarding what
is necessary for us to do in order to be in compliance with the requirements
of the Act.

Please let us know how we should proceed.

Sincerely,

Robert L. Thompson
President, Wiston Management

AUG 11, 1992

Received-OADA

01-02394

Wiston August 8, 1992

Director
U.S. Department of Justice
Civil Rights Division
Office of the American with Disabilities
Act
10th and Pennsylvania N.W.
Washington D.C. 20530

RE: Villa Medici Apartments, Overland Park Kansas

Dear Director:

Villa Medici Apartments is an apartment community built in 1969 in

Overland Park Kansas. It is our understanding, that the leasing office area of
this community would be considered an area of "public accommodation" under
the American with Disabilities Act.

Villa Medici Apartments was built prior to the new architectural standards
established for the accommodation of the handicapped. We have done a
survey of the physical facilities in the leasing office area to try to
determine what deficiencies there may be and what we can do to accommodate
those with handicaps. We have designated handicap parking in front of the
leasing office with the appropriate signage.

We have read the act and it is not clear to us exactly what we are supposed to
do in order to comply. We are requesting guidance from you regarding what
is necessary for us to do in order to be in compliance with the requirements
of
the Act.

Please let us know how we should proceed..

Sincerely,

Robert L. Thompson
President, Wiston Management Inc.

AUG 11 1992
Received-OADA

01-02395​
Wiston August 8, 1992

Director
U.S. Department of Justice
Civil Rights Division
Office of the American with Disabilities Act
10th and Pennsylvania N.W.
Washington D.C. 20530

RE: Greenbriar Apartments, Overland Park Kansas

Dear Director:

Greenbriar Apartments is an apartment community built in 1967 in

Overland Park Kansas. It is our understanding, that the leasing office area of
this community would be considered an area of "public accommodation" under
the American with Disabilities Act.

Greenbriar Apartments was built prior to the new architectural standards

established for the accommodation of the handicapped. We have done a
survey of the physical facilities in the leasing office area to try to
determine what deficiencies there may be and what we can do to accommodate
those with handicaps. We have designated handicap parking in front of the
leasing office with the appropriate signage.

We have read the act and it is not clear to us exactly what we are supposed to
do in order to comply. We are requesting guidance from you regarding what
is necessary for us to do in order to be in compliance with the requirements
of the Act.

Please let us know how we should proceed.

Sincerely,

Robert L. Thompson
President, Wiston Management Inc.

AUG 11 1992
Received-OADA

01-02396
Wiston August 8, 1992

Director
U.S. Department of Justice
Civil Rights Division
Office of the American with Disabilities Act
10th and Pennsylvania N.W.
Washington D.C. 20530

RE: Fallwood Apartments, Indianapolis Indiana

Dear Director:

Fallwood Apartments is an apartment community built in 1972 in

Indianapolis Indiana. It is our understanding, that the leasing office area of
this community would be considered an area of "public accommodation" under
the American with Disabilities Act.

Fallwood Apartments was built prior to the new architectural standards

established for the accommodation of the handicapped. We have done a
survey of the physical facilities in the leasing office area to try to
determine what deficiencies there may be and what we can do to accommodate
those with handicaps. We have designated handicap parking in front of the
leasing office with the appropriate signage.

We have read the act and it is not clear to us exactly what we are supposed to
do in order to comply. We are requesting guidance from you regarding what
is necessary for us to do in order to be in compliance with the requirements
of the Act.

Please let us know how we should proceed.

Sincerely,

Robert L. Thompson
President, Wiston Management Inc.
01-02397