A.5.2.5.2 Title II

A. Title II of the ADA obligates state and local governments to make all public programs and facilities readily accessible to and useable by persons with disabilities if construction or alteration of facilities began on or after January 26, 1992. This includes the activities and programs of state and local government housing and community development entities such as state housing finance agencies. A significant factor is that state housing finance agencies allocate Low Income Housing Tax Credits (LIHTCs), a funding resource common in the multifamily marketplace. For a time, state and local governments had a choice of standards to be used to measure compliance but now are required to use the 2010 ADA Standards. The change in options available over time has resulted in an inventory of LIHTC (and some other properties) that may have different standards for compliance depending on the year built and the state or local agency involved. The possible standards and dates are as follows:

B. Current requirements for new construction are readily discernable: the 2010 ADA Standards. But requirements that may apply currently to existing properties or that may have applied to existing properties at the time of construction may be uncertain. When preparing a needs assessment for an application for a property assisted by a state or local program, the Lender and Needs Assessor should consult the relevant Qualified Allocation Plan (for LIHTCs) or other state/local program guidance to determine the standard to be applied and/or directly inquire of the relevant agency concerning the accessibility requirements applicable to the property.

C. In all cases involving the accessibility requirements of state and local programs, the role of the Lender and Needs Assessor is to compare the conditions at a specific property to the requirements imposed upon

MAP Guide, March 2021 Go to beginning of Appendix 5

Bookmarked Version Go to Acronym and Abbreviation List, Glossary, Index

Appendix 5 Page A5-16

To return to this page after clicking a link, press ALT + Back Arrow

Appendix 5 Architectural and Construction Analysis A.5.2 Accessibility for Persons with Disabilities

Go to Table of Contents

the state/local program. Whether or not the state or local program properly addresses the requirements of ADA Title II is not an issue to be determined when underwriting or preparing a CNA for a particular property.