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Presentation, discussion, and possible action regarding a partial waiver of 10 TAC §11.101(b)(8) of the Qualified Allocation Plan (QAP), related to Development Accessibility Requirements for Roseland Homes (#26432) in Dallas.
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RECOMMENDED ACTION
recommendation
WHEREAS, pursuant to 10 TAC §11.101(b)(8) of the 2026 QAP, all developments must meet all accessibility and visitability requirements as stated therein, including some design specifications that comply with the Fair Housing Act Design Manual;
WHEREAS, a 4% Housing Tax Credit application was submitted for Roseland Homes on April 6, 2026;
WHEREAS, the applicant submitted a request for a waiver relating to the proposed rehabilitation of Roseland Homes, which is an existing housing tax credit development that received an award of 9% Housing Tax Credits in 2001 and 2003;
WHEREAS, the applicant requests a waiver of 10 TAC §11.101(b)(8)(B)(ii) and §11.101(b)(8)(B)(iii)(I) related to the visitability requirements under the QAP for 61 specifically identified units within the development, as reflected on Exhibit A;
WHEREAS, the applicant requests a waiver of 10 TAC §11.101(b)(8)(B)(iii)(II) and (IV) related to turn radius requirements, as identified in the Fair Housing Act Design Manual, for 172 specifically identified units within the development, as reflected on Exhibit B; and
WHEREAS, staff recommends the waivers be granted pursuant to 10 TAC §11.207 based on specific factors related to the development, including the fact that the existing developments were not required to have accessible bathrooms on the ground floor when originally developed, the need to move a load-bearing wall, and on the basis that granting the waiver better serves the purposes articulated in Tex. Gov’t Code §2306.001(2) by providing affordable housing to meet the needs of individuals and families and §2306.001(3) by contributing to the preservation of neighborhoods and communities;
NOW, therefore, it is hereby
RESOLVED, that a partial waiver of 10 TAC §11.101(b)(8)(B) of the 2026 QAP related to the Development Accessibility Requirements for 233 units at Roseland Homes, as specifically referenced on Exhibits A and B, and further explained herein, is hereby granted.
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BACKGROUND
General Information: Roseland Homes is the proposed redevelopment of two adjacent, existing Housing Tax Credit (“HTC”) properties (Roseland Townhomes and Roseland Estates) located at 3535 & 3335 Munger Avenue in Dallas, Dallas County. The developments separately received awards of 9% Housing Tax Credits in 2001 and 2003. A 2026 4% tax credit application was submitted on April 6, 2026, and a Certificate of Reservation has been issued for the development. Roseland Townhomes consists of 152 units, and Roseland Estates consists of 138 units. As part of the rehabilitation scope of work, three existing buildings, containing 14 units, will be demolished. This brings the total proposed number of units to 276.
Waiver request: When originally constructed, the developments were not required to have accessible bathrooms on the ground floor. Per FHA’s Design Guidelines, townhomes are not considered “covered units”, and are therefore exempt from meeting any accessibility requirements under the Fair Housing Act. However, the QAP requires that certain visitability features are present.
Pursuant to 10 TAC §11.101(b)(8)(B) of the 2026 QAP;
“(B) Regardless of building type, all Units accessed by the ground floor or by elevator (affected units) must comply with the visitability requirements in clauses (i) - (iii) of this subparagraph. Design specifications for each item must comply with the standards of the Fair Housing Act Design Manual. Buildings occupied for residential use on or before March 13, 1991 are exempt from this requirement. If the townhome Units of a Rehabilitation Development do not have a bathroom on the ground floor, the Applicant will not be required to add a bathroom to meet the requirements of clause (iii) of this subparagraph. Visitability requirements include:
(i) All common use facilities must be in compliance with the Fair Housing Design Act Manual;
(ii) To the extent required by the Fair Housing Design Act Manual, there must be an accessible or exempt route from common use facilities to the affected units;
(iii) Each affected unit must include the features in subclauses (a) - (e) of this clause.
(I) at least one zero-step, accessible entrance;
(II) at least one bathroom or half-bath with toilet and sink on the entry level. The layout of this bathroom or half-bath must comply with one of the specifications set forth in the Fair Housing Act Design Manual;
(III) the bathroom or half-bath must have the appropriate blocking relative to the toilet for the later installation of a grab bar, if ever requested by the tenant of that Unit;
(IV) there must be an accessible route from the entrance to the bathroom or half-bath, and the entrance and bathroom must provide usable width; and
(V) light switches, electrical outlets, and thermostats on the entry level must be at accessible heights.”
According to the applicant, there are 61 units that cannot meet the requirements of 10 TAC §11.101(b)(8)(B)(ii) and §11.101(b)(8)(B)(iii)(I), due to health and safety concerns about the soil composition, and because doing so would require the moving of load-bearing walls. Additionally, according to the applicant, these Units and 172 additional units are unable to meet the requirements of 10 TAC §11.101(b)(8)(B)(iii)(II) and (IV), because doing so would require the moving of load-bearing walls.
Thus, the applicant is requesting a waiver of 10 TAC §11.101(b)(8)(B)(ii) §11.101(b)(8)(B)(iii)(I), and §11.101(b)(8)(B)(iii)(II) and (IV) of the 2026 QAP, related to visitability requirements, for the 61 specific units identified in Exhibit A.
The applicant is also requesting a waiver of 10 TAC §11.101(b)(8)(B)(iii)(II) and (IV) of the 2026 QAP, related to turn radius requirements under the Fair Housing Design Manual, for the 172 specific units and buildings identified in Exhibit B.
Based on the aforementioned factors associated with Roseland Homes, staff believes that the original construction of the development, which now necessitates a waiver, is not within control of the applicant, because the development was in compliance with the accessibility and visitability requirements that were in place at the time. To the extent the 61 Townhome Units as identified in the July 1st letter from the Applicant are not already exempt from the exterior accessible route requirements outlined in the Fair Housing Act Design Manual, due to the individual building test, staff supports a waiver of the exterior accessible route and the no-step entry requirements because of the cited health and safety concerns about the soil composition, and/or the need to move a load bearing wall. For these 61 Townhome Units and an additional 172 Townhome Units that that do not meet the turn radius requirements for the ground floor bathroom, as identified in the Fair Housing Design Manual, staff supports a waiver if obtaining the necessary clearance would require moving a load bearing wall. Upon further discussion with the Applicant’s architect and engineering design team, the Applicant withdrew the request to have the required blocking in the 233 Townhome Units waived, and as part of the rehabilitation will provide the necessary blocking in these units (if not already present) to allow for the future installation of fold down grab bars at the Owner’s expense, if requested as a Reasonable Accommodation. The Applicant will also provide (if not already present) light switches, electrical outlets, and thermostats at the reach ranges described in the Fair Housing Design Manual for all Units.
Staff believes that granting the waivers of specific features for the Units described herein better serves the purposes articulated in Tex. Gov’t Code §2306.001(2) by providing affordable housing to meet the needs of individuals and families and §2306.001(3) by contributing to the preservation of neighborhoods and communities.