Units must be available to members of the general public on a regular basis

bond.general_public_use.available_to_members_of_the_general_public · v1.0.0

A qualified residential rental project's units must be available to members of the general public in accordance with the exempt facility public use requirement, which asks whether the facility serves or is available on a regular basis for general public use, as contrasted with facilities constructed for the exclusive use of a limited number of nonexempt persons in their trades or businesses. The bond side of a 4% deal reaches this requirement through the regulation implementing the exempt facility rules generally. Section 42 reaches an equivalent requirement through 42(g)(9) and 26 CFR 1.42-9, which carry an express safe harbour for occupancy preferences favouring tenants with special needs, tenants in a federal or state programme supporting a specified group, and tenants involved in artistic or literary activities. No such express safe harbour was found on the bond side.

Confidence

medium

Effective from

1986-10-22

Last reviewed

2026-08-30