Does Title III of the ADA apply to residential housing facilities?
Title III of the ADA covers public accommodations and commercial facilities. A public accommodation may include a restaurant, convenience store, hotel or laundry business. Title III of the ADA does not apply to residential housing facilities. However, any place within a residential area that fits within the category of public accommodation will be covered by Title III of the ADA. Typically, rental offices and attached parking are covered by Title III and ADA architectural design standards. Additionally, if the residential facility makes its amenities available to the general public, as opposed to residents and their guests only, those areas are considered public accommodations subject to Title III. For example, a residential facility may offer swimming pool memberships to the local community or make its tennis courts available on a fee basis. The architectural accessibility of public accommodations is governed by the ADAAG .
