24 C.F.R. § 8.23
§ 8.23 Alterations of existing housing facilities. (24 CFR Part 8)
Operative Text
(a) Substantial alteration. If alterations are undertaken to a project (including a public housing project as required by § 8.25(a)(2)) that has 15 or more units and the cost of the alterations is 75 percent or more of the replacement cost of the completed facility, then the provisions of § 8.22 shall apply. (b) Other alterations. (1) Subject to paragraph (b)(2) of this section, alterations to dwelling units in a multifamily housing project (including public housing) shall, to the maximum extent feasible, be made to be readily accessible to and usable by individuals with handicaps. If alterations of single elements or spaces of a dwelling unit, when considered together, amount to an alteration of a dwelling unit, the entire dwelling unit shall be made accessible. Once five percent of the dwelling units in a project are readily accessible to and usable by individuals with mobility impairments, then no additional elements of dwelling units, or entire dwelling units, are required to be accessible under this paragraph. Alterations to common areas or parts of facilities that affect accessibility of existing housing facilities shall, to the maximum extent feasible, be made to be accessible to and usable by individuals with handicaps. For purposes of this paragraph, the phrase to the maximum extent feasible shall not be interpreted as requiring that a recipient (including a PHA) make a dwelling unit, common area, facility or element thereof accessible if doing so would impose undue financial and administrative burdens on the operation of the multifamily housing project. (2) HUD may prescribe a higher percentage or number than that prescribed in paragraph (b)(1) of this section for any area upon request therefor by any affected recipient or by any State or local government or agency thereof based upon demonstration to the reasonable satisfaction of HUD of a need for a higher percentage or number, based on census data or other available current data (including a currently effective Housing Assistance Plan or Comprehensive Homeless Assistance Plan), or in response to evidence of a need for a higher percentage or number received in any other manner. In reviewing such request or otherwise assessing the existence of such needs, HUD shall take into account the expected needs of eligible persons with and without handicaps.
Under 24 CFR Part 8 § 8.23, when a housing project with 15 or more units undergoes alterations costing at least 75 percent of the facility's replacement cost, the project must meet the same accessibility standards as new construction. For smaller-scale alterations, the rule requires that changes to dwelling units and common areas be made accessible to people with disabilities to the maximum extent feasible, up to a five-percent threshold of accessible units. HUD retains authority to raise that threshold when demonstrated local need warrants it.
Plain English — not legal advice.
Operators subject to 24 CFR Part 8 § 8.23 generally track the cumulative cost of planned alterations relative to replacement cost to determine whether full new-construction accessibility standards apply. For routine renovations, compliant operators document their efforts to make altered units and common areas accessible up to the five-percent mobility-impairment threshold, and retain records showing where undue financial or administrative burden was assessed. If local conditions may justify a higher accessible-unit percentage, operators can engage with HUD through the process described in § 8.23(b)(2).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 8 § 8.23, tenants with disabilities have a right to accessible alterations in their building up to the thresholds the rule establishes. If a renovation appears to have bypassed required accessibility improvements, tenants can raise a potential § 8.23 violation when responding to housing actions, file a complaint with HUD's Office of Fair Housing and Equal Opportunity, or reach out to a local tenant-rights or disability-rights organization to explore available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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