24 C.F.R. § 8.27
§ 8.27 Occupancy of accessible dwelling units. (24 CFR Part 8)
Operative Text
(a) Owners and managers of multifamily housing projects having accessible units shall adopt suitable means to assure that information regarding the availability of accessible units reaches eligible individuals with handicaps, and shall take reasonable nondiscriminatory steps to maximize the utilization of such units by eligible individuals whose disability requires the accessibility features of the particular unit. To this end, when an accessible unit becomes vacant, the owner or manager before offering such units to a non-handicapped applicant shall offer such unit: (1) First, to a current occupant of another unit of the same project, or comparable projects under common control, having handicaps requiring the accessibility features of the vacant unit and occupying a unit not having such features, or, if no such occupant exists, then (2) Second, to an eligible qualified applicant on the waiting list having a handicap requiring the accessibility features of the vacant unit. (b) When offering an accessible unit to an applicant not having handicaps requiring the accessibility features of the unit, the owner or manager may require the applicant to agree (and may incorporate this agreement in the lease) to move to a non-accessible unit when available.
Under 24 CFR Part 8 § 8.27, when an accessible unit in a federally covered multifamily housing project becomes vacant, it must be offered first to current residents with disabilities who need its accessibility features but live in a non-accessible unit, and second to qualified applicants on the waiting list with such disabilities—before it can be offered to anyone who does not require those features. Owners and managers are also required to actively spread information about accessible unit availability to people with disabilities. When a non-disabled applicant is placed in an accessible unit, the lease may include a clause requiring that person to relocate to a non-accessible unit when one becomes available.
Plain English — not legal advice.
Operators of covered multifamily projects subject to 24 CFR Part 8 § 8.27 generally maintain documented outreach practices that inform individuals with disabilities about accessible unit availability. When a vacancy arises, compliant operators follow the prescribed priority sequence—current residents needing accessibility features first, then waiting-list applicants—before offering the unit to others. For non-disabled tenants placed in accessible units, operators commonly include a transfer clause in the lease to preserve the unit's availability for future eligible residents.
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 § 8.27, tenants and applicants with disabilities that require specific accessibility features have a federally protected priority right to be offered those units before non-disabled applicants. If you believe this priority sequence was not followed, general enforcement paths include filing a complaint with HUD or raising the violation through your local housing authority. Tenant-rights organizations familiar with federal fair housing rules can help you understand how this provision may apply to your situation.
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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