24 C.F.R. § 8.26
§ 8.26 Distribution of accessible dwelling units. (24 CFR Part 8)
Operative Text
Accessible dwelling units required by § 8.22, 8.23, 8.24 or 8.25 shall, to the maximum extent feasible and subject to reasonable health and safety requirements, be distributed throughout projects and sites and shall be available in a sufficient range of sizes and amenities so that a qualified individual with handicaps' choice of living arrangements is, as a whole, comparable to that of other persons eligible for housing assistance under the same program. This provision shall not be construed to require provision of an elevator in any multifamily housing project solely for the purpose of permitting location of accessible units above or below the accessible grade level.
Under 24 CFR Part 8 § 8.26, accessible dwelling units that federal regulations require must not be clustered in one area or limited to a single unit type. Instead, they must be spread across a project's buildings and sites and offered in enough variety of sizes and features that people with disabilities have housing choices broadly comparable to those available to other program-eligible residents. The rule also clarifies that nothing in § 8.26 forces a multifamily project to install an elevator solely to place accessible units on upper or lower floors.
Plain English — not legal advice.
Operators subject to 24 CFR Part 8 § 8.26 generally ensure that accessible units are dispersed across different buildings, floors, and sections of a property rather than concentrated in one location. Compliant operators also maintain accessible units across a range of bedroom sizes and amenity levels so that the overall selection mirrors what non-disabled program participants can access. When planning unit locations, operators typically document how distribution decisions reflect the 'maximum extent feasible' standard and any applicable health and safety considerations.
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 § 8.26, tenants with disabilities who qualify for federally assisted housing have a right to accessible units that are distributed throughout a property and available in sizes and with amenities comparable to those offered to other residents in the same program. If accessible units appear to be limited to a single building section, floor, or unit type, this provision may be relevant to raising a concern. Tenants can explore options such as filing a complaint with HUD, contacting a local fair housing organization, or reaching out to a tenant-rights group for general information about how § 8.26 applies to their housing program.
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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