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Withdrawn Technical Assistance: Common ADA Problems at Newly Constructed Lodging Facilities

[As of] December 21, 2017, the Department of Justice has withdrawn and, where applicable, removed from ADA.gov [this] technical assistance document. [This] document is outdated and does not fully reflect current law or has been replaced by a more up-to-date document. Withdrawal of a guidance document does not change covered entities’ legal responsibilities, as reflected in the ADA, its implementing regulations, and other binding legal requirements and judicial precedent. The Department will continue to fully and fairly enforce all laws within its jurisdiction, including the ADA.

Introduction

Hotels, motels, inns, and other places of lodging designed and constructed after January 26, 1993, must comply with the Americans with Disabilities Act (ADA). To comply with the ADA and to make it possible for persons with disabilities to use lodging facilities like everyone else, lodging facilities must meet specific requirements set out in Justice Department regulations, 28 C.F.R. pt. 36. These regulations include detailed architectural requirements known as the ADA Standards for Accessible Design (ADA Standards), 28 C.F.R. pt. 36, Appendix A. The ADA Standards are designed to make lodging facilities usable by persons with a wide variety of disabilities, including persons who are blind or who have low vision, persons who are deaf or hard of hearing, persons with mobility impairments who use wheelchairs, canes, crutches, or walkers, and persons with other disabilities or with combinations of disabilities.

The Justice Department is the government agency responsible for enforcing the ADA at lodging facilities. As part of ADA enforcement efforts, the Department has conducted numerous on-site investigations of hotels, motels, inns, and other places of lodging. During these investigations, the Department has observed certain common ADA problems at newly constructed lodging facilities. This publication describes those problems so that owners, franchisors, architects, and building contractors can avoid these common ADA mistakes and comply with the law when designing and constructing new facilities. This document is not intended to be comprehensive or exhaustive. Any failure to comply with the ADA Standards violates the ADA.

For additional information about the design and construction requirements of the ADA, contact the Department of Justice ADA Information Line. This free service provides answers to general and technical questions about ADA requirements and is a source for free ADA materials including the ADA Standards for Accessible Design, "5 Steps to Make New Lodging Facilities Comply with the ADA," and "ADA Checklist for Newly Constructed Lodging Facilities," and "Common ADA Errors and Omissions in New Construction and Alterations." You may reach the ADA Information Line at: 800‒514‒0301 (voice) or 800‒514‒0383 (TTY). ADA information is also available on the Department's ADA Home Page on the World Wide Web at (http://www.usdoj.gov/crt/ada/index.html)

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