T. 5-26-92
                                                III-1.2000

        DJ 202-PL-000120
                                             JUN 1 1992

Craig C. Birker, Esq.
Sandler and Rosen
Suite 510 Gateway West Century City
1801 Avenue of the Stars
Los Angeles, CA 90067

Dear Mr. Birker:

        I am responding to your letter requesting an "interpretative
ruling" from the Department of Justice that the provisions of
title III of the Americans with Disabilities Act of 1990 (ADA) do
not apply to the construction of model homes.

        The ADA authorizes the Department to provide technical
assistance to entities that are subject to title III. This
letter provides informal guidance to assist you in understanding
how the ADA accessibility standards may apply to model homes.
However, this technical assistance does not constitute a legal
interpretation, and it is not binding on the Department.

        Model homes by themselves do not fall under any of the 12
categories of places of public accommodation. If, however, the
sales office for a residential housing development were located
in a model home, the area used for the sales office would be
considered a place of public accommodation. Although model homes
are not covered, the Department encourages developers to
voluntarily provide at least a minimal level of access to model
homes for potential homebuyers with disabilities. For example, a
developer could provide physical access (via ramp or lift) to the
primary level of one of several model homes and make photographs
of other levels within the home as well as of other models
available to the customer.

cc: Records, Chrono, Wodatch, Blizard, Breen
udd:Blizard.ada.interpretation.modelhomes

01-00832

                                     - 2 -
        This Department recently issued a technical assistance
manual to assist individuals and entities subject to the ADA to
understand the requirements of title III. I have enclosed a copy
for your information. I hope that this information is helpful to
you.

                                                Sincerely,

                                             John L. Wodatch
                                                 Director
                                Office on the Americans with Disabilities Act
                                           Civil Rights Division

Enclosure

01-00833

                                September 5, 1991

VIA FEDERAL EXPRESS

Mr. John Wodatch
Office Of The Americans With
Disabilities Act
Civil Rights Division
U.S. Department of Justice
Rulemaking Docket 003
Box 75087
Washington, D.C. 20013

        Re:     Americans With Disabilities Act -
                Request For Interpretative Ruling
                Regarding Certain Model Homes

Dear Mr. Wodatch:

Our law firm represents Pardee Construction Company and Pardee
Construction Company of Nevada (collectively "Pardee"), both of
which are subsidiaries of Weyerhaeuser Real Estate Company, a
subsidiary of Weyerhaeuser Company. Pardee develops master-
planned communities in Southern California and Nevada, consist-
ing of single family and multi-family residences, as well as
commercial projects. As part of its residential projects,
Pardee constructs model homes.

The purpose of this letter is to request an interpretative
ruling from the Department of Justice that the provisions of
Title III of the Americans With Disabilities Act ("ADA") do not
apply to the model homes described herein.

Granting such an exemption will not permit Pardee or other
residential real estate developers to discriminate against the
disabled. Discriminatory practices in residential real estate
transactions are prohibited by the Fair Housing Act (42 U.S.C.
3601 et. seq.). Section 3605(a) of the Fair Housing Act states
as follows:

        "It shall be unlawful for any person or other entity
        whose business includes engaging in residential real

002P3EMO.972

01-00834

Mr. John Wodatch
September 5, 1991
Page 2

        estate-related transactions to discriminate against
        any person in making available such a transaction, or
        in the terms or conditions of such a transaction,
        because of race, color, religion, sex, handicap,
        familial status, or national origin."

We want to emphasize that the subject of our request is limited
to model homes and we are not requesting an exemption for sales
offices. We also recognize that a blanket exemption for all
model homes may not be appropriate. For example, a model home
which also serves as a sales or escrow office may be a commer-
cial facility to which the provisions of Title III of the ADA
probably should apply.

To evaluate our request, it is important to understand the
different functions of model homes and sales offices utilized
by Pardee and many other developers in Southern California and
Nevada. Although in some cases Pardee's sales offices may be
located in the garage of a model home or in a future dwelling
unit of a multifamily building, Pardee's model homes and sales
offices are separate facilities and serve different purposes.

In the sales office, prospective buyers can review maps, floor
plans, photographs and brochures relating to the homes in the
development and can discuss their prospective purchase with
Pardee salespeople. After prospective buyers have made their
decision to purchase, they review and sign purchase documents
in the sales office, not in the model home. Pardee's closings
are handled through an outside escrow company and do not take
place in the sales office or model homes.

Pardee's sales offices are constructed in compliance with all
applicable state and local codes relating to commercial facili-
ties, including California and Nevada disability access laws.
Pardee's sales offices will be constructed in full compliance
with the ADA Accessibility Guidelines, at such time when such
compliance is required.

On the other hand, model homes are constructed for the purposes
of showing prospective buyers what their home will look like.
The model homes are intended to be accurate representations of
the homes constructed in the project. When the project has
sold out, the model homes are sold to the public. Sales
personnel are not stationed in the model homes, but may accom-
pany prospective buyers visiting the models to answer any

002P3EMO.972

01-00835

Mr. John Wodatch
September 5, 1991
Page 3

questions they may have. Prospective buyers also have the
option to visit model homes alone.

Model homes are constructed in accordance with building codes
applicable to residences and not commercial facilities. If a
model home is required to comply with the ADA Accessibility
Guidelines, drastic changes would have to be made in its design
and construction. The changes would include the following:

        1.      Installation of ramps to the front entry area and in
                some cases to the interior of the model home to
                provide wheelchair access into and through the unit.

        2.      Increase the width of hallways to accommodate latch-
                side clearances.

        3       Raise all door heights to 80 inches.

        4.      Substantially increase the size of bathrooms to pro-
                vide wheelchair access; redesign toilet and lavatory
                area; change height of sink; provide foot space below
                sink; install grab bars; install towel dispensers;
                raise height of toilet seat; change angles and loca-
                tions of mirrors; and install lever-operated faucets.

        5.      Installation of lever hardware for doors.

        6.      Increase the width of bathroom and bedroom doorways
                and doors.

        7.      Add a second handrail to staircase and provide warn-
                ing devices for sight-impaired persons for low clear-
                ances under the stairs.

The cost of these alterations would ultimately be passed on to
the consumer. There is no reason to require these substantial
permanent alterations to a model home. A disabled person does
not intend to live in the model home; he or she only needs to
examine it. Pardee will take reasonable steps to provide a
disabled prospective homebuyer access to the interior of the
model home. Such efforts would include assisting a disabled
person in a wheelchair up the front steps and into and through
the model home. Restroom facilities for the disabled are
already available at the sales office located in close proximi-
ty to the model homes.

002P3EMO.972

01-00836

Mr. John Wodatch
September 5, 1991
Page 5

"dwelling" as "any building, structure or portion thereof which
is occupied as, or designed or intended for occupancy as, a
residence by one or more families, and any vacant land which is
offered for sale or lease for the construction or location
thereon of any such building, structure or portion thereof." A
model home is a building or structure designed or intended for
occupancy as a residence. It is a "dwelling" covered by the
Fair Housing Act, and is not a "commercial facility" under the
ADA definition. Therefore, model homes should be subject to
the anti-discrimination provisions of the Fair Housing Act and
not the ADA.

For all of these reasons, we respectfully request the Depart-
ment of Justice to issue an interpretative ruling that the
model homes described hereinabove are not subject to the
provisions of Title III of the ADA.
If you have any questions or need any further information,
please contact me at your convenience.

                                        Very truly yours,

                                        Craig C. Birker
                                        of Sandler and Rosen
CCB:mxh

cc: Ms. Marianne McGettigan (Via Federal Express)
    Special Assistant to the President/
    Policy Development & Legal Policy
    Mr. Leonard S. Frank
    Pardee Construction Company
    Mr. Fred S. Benson (Via Federal Express)
    Weyerhaeuser Company
    Ms. Creigh H. Agnew (Via Federal Express)
    Weyerhaeuser Company

002P3EMO.972

01-00837