Yikes
Gold Member
I have several projects that utilize tax credit financing, and occassionally HUD funds as well, for purposes of construction. The California Building Code defines them as "Privately Funded". This would make them subject to CBC chapter 11A, and also UFAS and FHA.
I also believe that CBC 11B and ADA apply to the visitor's parking, rental (business) office, or any other placed where public (not just residents or their invited visitors) would do business; and the related support spaces (restroom, drinking fountain, phone, etc.) and path-of-travel.
However, another person is claiming that because public funds are used, every apartment must somehow be a "public accomodation", and therefore all the apartments themselves are subject to ADA. In my opinion this is an over-reach. At most, maybe he could say that if an apartment manager was required to live onsite (as a condition of employment) in a dedicated apartment, then maybe the manager's apartment would be subject to ADA.
***Question: Do you think all apartment units (not just common spaces) built with public funds are subject to ADA? If so, please cite references. Thanks.
P.S. Clarification: The monthly rent may be paid for by tenants using section 8 vouchers. Think of it as similar to food stamps/ SNAP debit cards at a supermarket. This is not the same as (for example) as city paying for operation for a homeless shelter, or a fire station sleeping quarters.
I also believe that CBC 11B and ADA apply to the visitor's parking, rental (business) office, or any other placed where public (not just residents or their invited visitors) would do business; and the related support spaces (restroom, drinking fountain, phone, etc.) and path-of-travel.
However, another person is claiming that because public funds are used, every apartment must somehow be a "public accomodation", and therefore all the apartments themselves are subject to ADA. In my opinion this is an over-reach. At most, maybe he could say that if an apartment manager was required to live onsite (as a condition of employment) in a dedicated apartment, then maybe the manager's apartment would be subject to ADA.
***Question: Do you think all apartment units (not just common spaces) built with public funds are subject to ADA? If so, please cite references. Thanks.
P.S. Clarification: The monthly rent may be paid for by tenants using section 8 vouchers. Think of it as similar to food stamps/ SNAP debit cards at a supermarket. This is not the same as (for example) as city paying for operation for a homeless shelter, or a fire station sleeping quarters.