Achieving Compliance and Understanding Federal Accessibility Laws for Low-Income Housing Tax Credit Properties

In the realm of low-income housing tax credit properties, it is crucial to comprehend the various federal accessibility laws that govern them. With regulations that vary depending on factors such as the property's construction date and federal subsidy, it is easy to encounter confusion. In this blog post, we will explore the key laws that apply to these properties, including the Fair Housing Act of 1968, the Americans with Disabilities Act (ADA), and Section 504. By understanding these laws and their implications, property owners and managers can ensure compliance and provide accessible housing for all.

1. The Americans with Disabilities Act (ADA):

The ADA primarily focuses on public accommodations rather than dwelling units. It requires properties to provide accessible routes, accessible parking spaces, and proper signage. Van accessible parking spaces, with wider access aisles, are mandatory for areas such as offices and community spaces open to the general public. Property owners must also be mindful of obstacles that may obstruct these accessible routes and parking spaces, as even minor obstructions can lead to non-compliance.

2. The Fair Housing Amendments Act:

The Fair Housing Amendments Act of 1988 outlines seven design requirements that must be met by properties built after March 13, 1991. These requirements include an accessible route to buildings, usable doors, proper thresholds, accessible routes within covered units, reinforced walls for grab bars in bathrooms, and usable kitchens and bathrooms. Furthermore, accessible parking spaces for dwelling units should be provided and maintained. Non-compliance with these design features can result in serious consequences, such as recapture of tax credits.

3. Section 504:

For properties with HUD or rural development layering, Section 504 comes into play. However, since most low-income housing tax credit properties were built after 1991, the focus is primarily on the Fair Housing Amendments Act. Nevertheless, it is essential to be aware of Section 504's potential applicability for properties with specific layers of federal subsidy.

4. Ensuring Compliance and Accessibility:

Property owners and managers must pay special attention to accessible routes, parking spaces, common areas, and public amenities. Additionally, they should ensure that thresholds, doors, and fixtures within accessible units meet the required standards. Maintaining accessible features, such as front-loading washing machines in laundry rooms and appropriate mailbox heights, is essential. By adhering to these regulations, property owners can provide accessible and inclusive housing for individuals with disabilities, complying with federal laws and avoiding potential legal issues.

5. Optimizing Compliance and Accessibility:

While striving for complete compliance is ideal, it is important to acknowledge the challenges faced by tax credit properties. State agencies, responsible for inspections, often have limited resources and focus on other compliance aspects, such as unit conditions and documentation. Developers and property managers must take the initiative to understand and address compliance issues themselves. By prioritizing accessibility during construction and addressing common compliance issues, we can create inclusive communities that benefit residents with diverse needs.

Conclusion:

Understanding federal accessibility laws and achieving compliance in low-income housing tax credit properties is crucial for creating inclusive and accessible communities. By comprehending the requirements outlined in the Fair Housing Amendments Act, the ADA, and potentially Section 504, property owners and managers can ensure compliance and maintain accessible housing for all residents. By proactively addressing any non-compliance issues and optimizing tax credit benefits, we can contribute to a more equitable and accessible society. Let us work together to make affordable housing inclusive for all.

Lumina Compliance can help you achieve complete compliance. Contact Andy today at andy@luminacomp.com.

Do you have a HUD property? Join us at our next webinar on Oct. 17 at Noon EST where we will address some of these issues in terms of HUD rules and regulations.