Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation for units and for public and common use One commenter also asked the areas. All units designed and constructed Department for clarification of how to count with the intention that they may be used individually owned “lock-off units.’’ Lock-off for both residential and transient lodging units are units that are multi-bedroom but purposes are covered by the ADA and must can be “locked off’’ into two separate units, be counted for determining the required each having individual external access. This number of units that must meet the transient commenter requested that the Department lodging standards in the 2010 Standards. state in the final rule that individually owned Public use and common use areas in facili- lock-off units do not constitute multiple guest ties containing units subject to the ADA also rooms for purposes of calculating compli- must meet the 2010 Standards. In some ance with the scoping requirements for developments, units that may serve as resi- accessible units, since for the most part the dential units some of the time and rental lock-off units are used as part of a larger units some of the time will have to meet accessible unit, and portions of a unit not both the FHAct and the ADA requirements. locked off would constitute both an acces- For example, all of the units in a vaca- sible one-bedroom unit or an accessible tion condominium facility whose owners two-bedroom unit with the lock-off unit. choose to rent to the public when they are not using the units themselves would be It is the Department’s view that lock- counted for the purposes of determining off units that are individually owned that the appropriate number of units that must can be temporarily converted into two comply with the 2010 Standards. In a newly units do not constitute two separate guest constructed condominium that has three rooms for purposes of calculating compli- floors with units dedicated to be sold solely ance with the scoping requirements. as residential housing and three floors with units that may be used as residences or One commenter asked the Department hotel units, only the units on the three latter how developers should scope units where floors would be counted for applying the buildings are constructed in phases over a 2010 Standards. In a newly constructed span of years, recommending that the scop- timeshare development containing 100 ing be based on the total number of units units, all of which may be made available expected to be constructed at the project to the public through an exchange or rental and not on a building-by-building basis or on program, all 100 units would be counted for a phase-by-phase basis. The Department purposes of applying the 2010 Standards. does not think scoping should be based on planned number of units, which may or may not be actually constructed over a period Department of Justice Guidance on 2010 Standards: Title III - 51