Tax Credit Properties and Accessibility Plans
By Greg Proctor, Lumina Compliance CEO
Let’s start out by blowing away the most common misunderstanding about accessibility at LIHTC properties. They do not have ADA units. Zero. Zip. Zilch. When people want to talk about their ADA units, that’s your signal that they do not have an understanding of accessibility laws.
The Americans with Disabilities Act (ADA) applies to public accommodations.
Dwelling units are not public accommodations. Hotel rooms, restaurants, convention centers and the like are public accommodations. While the ADA regulations refer to dwelling units, they are referring not to Low-Income Housing Tax Credit (LIHTC) units, but to publicly owned accommodations such as dormitories and married student housing at public universities.
The ADA was signed into law in 1991 and while it does apply to LIHTC properties, it does not apply to the dwelling units. All areas of public accommodation must be fully accessible. Public areas at an LIHTC property include the rental office. A community room might fall under ADA if it is available to more than the residents and their guests (i.e. used for town meetings or leased out).
The ADA also applies to the parking areas at leasing offices. The act requires that a certain percentage (1/8) of the accessible parking spaces be van accessible. The access aisle for a van-accessible space is required to be 96 inches or 8 feet wide. Standard accessible spaces have to be 60-inches or 5-feet wide. You are also required to have “Van Accessible” signage at the space. If you do not have a van-accessible space at your property, chances are darn good that you are out of compliance. A Fair Housing tester needn’t get out of the car at your property to determine that you are not abiding by Fair Housing laws.
