Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation stated that the determination as to which rental. Another commenter pointed out requirements apply should be made that unlike traditional hotels and motels, based on the intention for use at the time the number of units available for rental of design and construction. According to in a facility or development containing these commenters, if units are intended for individually owned units is not fixed over transient rentals, then the transient lodg- time. Owners have the right to partici- ing standards should apply, and if they pate in a public rental program some, all, are intended to be used for residential or none of the time, and individual owner purposes, the residential standards should participation changes from year to year. apply. Some commenters agreed with the application of transient lodging standards to The Department believes that the deter- places of lodging in general, but disagreed mination for scoping should be based on about the characterization of certain types the number of units in the project that are of facilities as covered places of lodging. designed and constructed with the inten- tion that their owners may participate in The Department agrees that the a transient lodging rental program. The scoping and technical standards appli- Department cautions that it is not the cable to transient lodging should apply number of owners that actually exercise to facilities that contain units that meet their right to participate in the program the definition of “places of lodging.’’ that determines the scoping. Rather it is the units that could be placed into an Scoping for timeshare or condominium on-site or off-site transient lodging rental hotels. In the NPRM, the Department program. In the final rule, the Department sought comment on the appropriate basis has added a provision to Sec. 36.406(c) for determining scoping for a timeshare or (3), which states that units intended to be condominium-hotel. A number of comment- used exclusively for residential purposes ers indicated that scoping should be based that are contained in facilities that also meet on the usage of the facility. Only those the definition of place of lodging are not units used for short-term stays should be covered by the transient lodging standards. counted for application of the transient Title III of the ADA does not apply to units lodging standards, while units sold as designed and constructed with the intention residential properties should be treated that they be rented or sold as exclusively as residential units not subject to the residential units. Such units are covered ADA. One commenter stated that scoping by the Fair Housing Act (FHAct), which should be based on the maximum number contains requirements for certain features of sleeping units available for public of accessible and adaptable design both 50 - Guidance on 2010 Standards: Title III Department of Justice