DJ 202-PL-86

JUN 04 1992
XXX(b)(6)
Wanaque, New Jersey 07465

Dear Ms. XX

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 and it is
not binding on the Department.

Your inquire whether the condominium in which you live is

required to provide access for disabled persons, specifically by
providing an elevator or lift. The ADA does not apply to
strictly residential facilities. The federal Fair Housing Act,
as amended, which does apply, does not require the condominium to
install a lift or elevator in the circumstance you have
described. The condominium would be required to allow you to
install a left or elevator but you would have to pay the cost.

There are more extensive accessibility requirements for

newly constructed multi-family buildings. There may also be
state or local laws that have more stringent requirements.

I am sorry we cannot be of assistance.

Sincerely,

Joan A. Magagna
Deputy Director
Office on the Americans with Disabilities Act

cc: Records Chrono Wodatch Magagna.PL.86 arthur T. 6/4/92

01-00864
 XX
Wanaque, NJ 07465
(b)(6)
January 6, 1992
U.S. Department of Justice
Civil Rights Division
Coordination and Review Section
P.O. Box 66118
Washington, D.C. 20035-6118

Dear Sir or Madam:

My 4-year-old daughter XX is multiply handicapped and

requires an adaptive stroller for mobility. As she grows
and gains weight it is becoming increasingly more difficult
to leave the house with her. My problem is the following:

We have lived in this condominium since several years before

XX was born. Our unit is two stories high with a base-
ment containing a garage. We own our unit, but everything
on the outside belongs to the Condominium Association, even
the decks to which we alone have access. Normally, we are
not permitted to alter anything on the outside of our units.

The Association has taken the position that it will allow

handicapped access which must be pre-approved by them. They,
are not willing to provide it themselves.

A local charitable organization was willing to build a ramp,

but the contractor looked at the premises and informed us
that the slope of the grounds in front of the unit is too
steep and the area too small to build a safe ramp. (The
grounds behind the unit are lower, so that we can drive into
the garage or walk into the basement.)
My daughter's caseworker from N.J. Special Child Health Services
then contacted a company which sells and installs elevators
and lifts for the handicapped. The sales representative felt
a lift could be installed next to and leading onto the deck
located directly above the garage door in the rear, which would
bring us into our living room on the main floor. It would also
allow us easy access to the car. An estimate along with the
required documentation of need were submitted to the N.J.
01-00865

Division of Developmental Disabilities; after many months

we were recently told there is no funding available for
this purchase.

Unfortunately, my husband and I are unable to pay for a lift

either, and we have been told ramping is not possible.
We are also in no position to move to a one-floor home, which
we had hoped.

My question pertains to the Condominium Association's position.

This is of course private property, and the outside of the units
is common ground. Does this fact exempt them from being
required to provide access to the handicapped? Unfortunately
we do not have the resources to consult an attorney on this
issue.

If you can provide an answer or suggest alternative resources

I would be very grateful.
Sincerely,

(b)(6)
01-00866