A.5.2.5.1 Title III

A. Title III of the ADA applies to any portion of an insured multifamily property that is a public accommodation, i.e., a portion of the facility owned, operated, or leased to or by a private entity for use by, and open to, the general public. This includes any leasing office or facility together with public restrooms and public lobbies.

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1. Common areas available only for use by tenants or the guests of tenants are not subject to the ADA (but are subject to the Fair Housing Act and/or Section 504).

2. Any commercial uses included in an insured multifamily property are also covered by the ADA. This includes any retail, office, hotel, or special purpose facility, such as a day care center, senior center, etc.

3. When evaluating physical characteristics of leased commercial space at insured multifamily projects, tenant improvements and/or furnishings should not be considered, as they are not a responsibility of the mortgagor. Particular attention should be given to aspects of accessibility related to the structure, means of ingress, egress, and public safety (e.g., emergency warnings, exits, etc.).

B. The regulations implementing Title III of the ADA are found at 28 CFR Part 36 and extensive regulatory and technical assistance is available at http://www.ada.gov/.

C. ADA information and technical assistance is available at 800-514-0301 (voice) and 800-514-0383 (TTY).