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Where does 5% mobilty accessible apply on a mixed public+private project?

If phase two has not been built yet why can't the 5% for Phase 1 be built during phase 2? There is no deadline for when the 5% of 100 needs to be built, can't the 80 units be built now with the UFAS ones done later? Not worry about what is already built. Just make the future 10% them more or less centrally located withing both phases, and allow a selection of bedroom types at least 50% of each for rental sale?
Yikes said:
This is one site with 200 units. The 100 lower-income units with project-based vouchers are dispersed among the other 100 market-rate units.

To be really specific, the 200 units were originally developed as private market-rate condos, subject to FHA and CBC 11A.
The developer went bust right as the project construction finished, and another not-for-profit swooped in and bought the finished-but-unoccupied development with the idea of operating it all as mixed-income rental housing project (no condo sales). They've secured Section 8 vouchers for 100 of the units. I am certain the 100 project-based vouchers triggers a determination of "public housing" and ADA compliance.
There is no other public assistance besides the vouchers.

My main question is that since ADA requires 5% of the units to be accessible, is it
(a) 5% of just the 100 public housing units, or
(b) 5% of all 200 units, including the market-rate units?
Click to expand...
This is just to answer you Main question:
My main question is that since ADA requires 5% of the units to be accessible, is it
(a) 5% of just the 100 public housing units, or - (https://www.disabilityrightsca.org/...y-discrimination-and-hud-section-8-vouchers#- HUD funds these)
(b) 5% of all 200 units, including the market-rate units?
The 100 market rate units not using HUD vouchers are not required to have the 5% accessible units if there is no state, local, or federal funding. They need to comply with FHAG under the four or more units.

UFAS 4.1.4 Occupancy Classifications

(b) Residential occupancies in multiple dwellings where the occupants are primarily permanent in nature, including:
Facilities Application Multifamily housing (Apartment houses):

Federally assisted - 5 percent of the total, or at least one unit, whichever is greater, in projects of 15 or more dwelling units, or as determined by the appropriate Federal agency following a local needs assessment conductedby local government bodies or states under applicable regulations.

Federallly owned - 5 percent of the total, or at least one unit, whichever is greater.

Dormitories 5 percent of the total, or at least one unit, whichever is greater.
 
I don't understand what the floor plan looks like for your 100 market rate multistory dwelling for profit funded project. I am assuming there are stairs inside to get between the different floors within the single family dwelling. If that is the case these units would not be covered by the FHAct. Nor would the HUD voucher funded units be subject to FHAct. Only 5% of the state, local, federally funded units would need to be mobility fitted and 2% hearing and vision impairment fitted.
 
Yikes - sorry I did not proof well. On your last main question (b)
5% of all 200 units, including the market-rate units?
The 100 market rate units not using HUD vouchers are not required to have the 5% accessible units if there is no state, local, or federal funding. They DO NOT need to comply with FHAG IF under the four or more units or IF MULTI STORIED INDIVIDUAL DWELLING UNITS.
 
FYI out state, disability rights commission, does not view Section 8 vouchers as a trigger invoking FHAG compliance since the money is coming from an individual to pay the rent.
 
Yikes, over the past week I spoke to FHA HUD technical assistance. They said that Section 8 Vouchers do no trigger FHAG requirements. I spoke to Corrie. You can call her at (800) 669-9777
 
Yikes said:
A private developer builds 200 unit housing project.
100 units designated lower-income and are provided with project-based rental vouchers from a local Housing Authority and are considered "public housing".​
The other 100 units are market-rate and are privately funded.​
CBC 11B / ADAS 233.3.1 requires a minimum of 5% of the units to be mobility accessible.
  • How many units need to be 11B/ ADA mobility accessible: 5 units, or 10?
  • Or to put it another way, on a mixed public+private development, does the 5% rule apply only to the # of units with project-based vouchers, or does it apply to all the units on the site?
(This question is not about 11A or FHA, which is a separate subject - -it's purely about ADA.)
Click to expand...
  • How many units need to be 11B/ ADA mobility accessible: 5 units, or 10?
  • None of the 200 privately funded single family free standing dwelling units are encumbered by the ADA.
  • Or to put it another way, on a mixed public+private development, does the 5% rule apply only to the # of units with project-based vouchers, or does it apply to all the units on the site?
  • HUD said project-based vouchers (assuming this is what you mean) are the way the tenant pays for the rent. Paying the rent with vouchers does not turn the project into a government funded project.
 
Jean Tessmer-HI said:
  • Or to put it another way, on a mixed public+private development, does the 5% rule apply only to the # of units with project-based vouchers, or does it apply to all the units on the site?
  • HUD said project-based vouchers (assuming this is what you mean) are the way the tenant pays for the rent. Paying the rent with vouchers does not turn the project into a government funded project.
Click to expand...
Jean, the California State Architect has determined that Project-based (not tenant based) Vouchers constitute a government funded benefit to the project, not just to the tenant. See:

Here's an excerpt - - see item #2:
1668105868428.png
 
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