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federalUnited StatesLow-Income Housing Tax Creditproperty_standards

Covered multifamily dwellings first occupied after 13 March 1991 must meet the seven design and construction requirements

xp.fair_housing.design_and_construction_covered_multifamily · v1.0.0

Covered multifamily dwellings designed and constructed for first occupancy after 13 March 1991 must have at least one building entrance on an accessible route unless terrain or unusual site characteristics make that impractical, and where such an entrance exists the public and common use areas must be accessible, doors must be wide enough for wheelchair passage, and each covered unit must have an accessible route into and through it, environmental controls in accessible locations, reinforced bathroom walls for later grab bar installation, and usable kitchens and bathrooms. 'Covered multifamily dwellings' means buildings of four or more units with an elevator, and the ground floor units of buildings of four or more units without one. There is no exemption for LIHTC-only or otherwise unassisted properties, and the burden of establishing site impracticality is on the person who designed or constructed the housing.

Design and construction liability attaches to the design and construction, not to the current owner's conduct, and it does not expire with a compliance period. A purchaser of a post-1991 property inherits the condition.
Confidence
high
Effective from
1991-03-13
Last reviewed
2026-08-31

Citations

All sources verified within 1 day
  • Discriminatory Conduct under the Fair Housing Act
    24 CFR 100.205(a)
    regulationSource ↗verified 1d ago
  • Discriminatory Conduct under the Fair Housing Act
    24 CFR 100.205(c)(3)
    regulationSource ↗verified 1d ago
  • Discriminatory Conduct under the Fair Housing Act
    24 CFR 100.201, definition of 'Covered multifamily dwellings'
    regulationSource ↗verified 1d ago