Guidance on the 2010 ADA Standards for Accessible Design

Subpart D - Title III Regulation of years. However, the Department recog- rooms available to the public must comply nizes that resort developments may contain with the general nondiscrimination require- buildings and facilities that are of all sizes ments of the ADA. In addition, as provided from single-unit cottages to facilities with in Sec. 36.406(c), newly constructed facili- hundreds of units. The Department believes ties that contain accommodations intended it would be appropriate to allow design- to be used for transient lodging purposes ers, builders, and developers to aggregate must comply with the 2010 Standards. the units in facilities with 50 or fewer units that are subject to a single permit applica- In the NPRM, the Department asked for tion and that are on a common site or that public comment on several issues related to are constructed at the same time for the ensuring the availability of accessible units purposes of applying the scoping require- in a rental program operated by a place of ments in table 224.2. Facilities with more lodging. The Department sought input on than 50 units should be scoped individually how it could address a situation in which in accordance with the table. The regula- a new or converted facility constructs the tion has been revised to reflect this appli- required number of accessible units, but the cation of the scoping requirements. owners of those units choose not to partici- pate in the rental program; whether the facil- One commenter also asked the ity has an obligation to encourage or require Department to use the title III regulation owners of accessible units to participate in to declare that timeshares subject to the the rental program; and whether the facility transient lodging standards are exempt developer, the condominium association, or from the design and construction require- the hotel operator has an obligation to retain ments of the FHAct. The coverage of the ownership or control over a certain number FHAct is set by Congress and interpreted of accessible units to avoid this problem. by regulations issued by the Department of Housing and Urban Development. The In the NPRM, the Department sought Department has no authority to exempt public input on how to regulate scoping for anyone from coverage of the FHAct. a timeshare or condominium-rental facility that decides, after the sale of units to indi- Application of ADA to places of lodg- vidual owners, to begin a rental program ing that contain individually owned units. that qualifies the facility as a place of lodg- The Department believes that regardless ing, and how the condominium associa- of ownership structure for individual units, tion, operator, or developer should deter- rental programs (whether they are on- or mine which units to make accessible. off-site) that make transient lodging guest 52 - Guidance on 2010 Standards: Title III Department of Justice