How would RRP classify a pre-1978 property that is used for both residential and non-residential purposes? For example, would RRP apply to renovations in a pre-1978 house that is partially used as a residence and partially used as a legitimate commercial business?
EPA has interpreted target housing to include pre-1978 buildings or structures that are (1) located on the residential portion of the property, and (2) associated with the residential use of the property. In other words, if a portion of residential property is used for nonresidential purposes, the portion will nonetheless be considered target housing if it is associated with residential use. The portion would be considered associated with the residential use of the property if it is in such close proximity that the renovation would pose a risk to those using the property for residential purposes.
In the above example, if the room or structure containing the commercial business was (1) on the residential portion of the property, and (2) was in such close proximity to the residential use of the property that a renovation would pose a risk to the residents, the room or structure would be considered target housing and the RRP Rule would apply.