HUD Handbook 4350.3 § 2-25

A.       Nondiscrimination and Accessibility Requirements

                 Under Section 504, owners must operate each existing housing project so that,
                 when viewed in its entirety, it is readily accessible to and usable by persons with
                 disabilities. This includes the following actions by owners:

                  1.       Making modifications to policies and practices so they do not discriminate
                           against persons with disabilities. (See Subsection 2.)

                  2.       Taking appropriate steps to ensure effective communication with
                           applicants, tenants, and the public. Owners must use requests by
                           persons with disabilities to determine which alterations and auxiliary aids
                           are necessary. (See Subsection 2.)

                           NOTE: HUD encourages owners to provide auxiliary aids, as necessary,
                           as a routine property expense. HUD assumes that requests for auxiliary
                           aids will not normally result in undue financial and administrative burden.

                  3.       Taking required steps to meet the 5% threshold for units fully accessible
                           to persons with mobility impairments and the 2% requirement for units
                           accessible for persons with visual and hearing impairments. (See
                           Subsection 3.)

                  4.       Making public spaces and dwelling units accessible, provided that the
                           changes do not result in an undue financial and administrative burden or
                           require fundamental alterations in the nature of their programs. (See
                           Subsections 3 and 4.)

HUD Occupancy Handbook                              2-19                                             6/07
Chapter 2: Civil Rights and
Nondiscrimination Requirements

                                                              Additional Nondiscrimination and Accessibility
                                                                 Requirements for Persons with Disabilities

                                                                                            Subsection 1:
                                                                       Overview and general Requirements

5.     Responding to reasonable accommodations requests from tenants or
                        applicants with disabilities for adjustments to policies or physical
                        alterations. (See Subsection 4.)

       B.        Projects with Multiple Contracts

                 When a project is covered by more than one assistance contract, it is considered
                 to be one project as long as it meets the definition of a project shown below as
                 defined in 24 CFR 8.3.

                 “Project” means the whole of one or more residential structures and appurtenant
                 structures, equipment, roads, walks, and parking lots that are covered by a single
                 contract for federal financial assistance or application for assistance, or are
                 treated as a whole for processing purposes, whether or not located on a common
                 site. [24 CFR 8.3]

       C.        Allowable Methods of Compliance

                 Owners may comply through such means as reassigning services to accessible
                 buildings, providing housing services or related services at alternate sites, or
                 altering existing facilities. Also, owners may use any other methods that result in
                 making the project and its activities readily accessible to and usable by persons
                 with disabilities.

                 Examples of such other methods include offering an alternate rental office
                 location; putting up signs identifying facilities for persons with disabilities;
                 relocating/enlarging a parking space for persons with disabilities in compliance
                 with UFAS; installing a visual smoke detector; installing a ramp; or making curb
                 cuts or modifying curbs.

       D.        Prioritizing Methods

                 In deciding on ways to achieve accessibility for persons with disabilities, owners
                 must give priority to methods that offer housing in the most integrated setting
                 possible (i.e., a setting that enables qualified persons with disabilities and
                 persons without disabilities to interact to the fullest extent possible).

       E.        Accessible Unit Requirements

                 To the maximum extent feasible and subject to reasonable health and safety
                 requirements, accessible units must be:

                 1.     Distributed throughout the project and site; and

                 2.     Made available in a sufficient range of sizes and amenities so that the
                        choice of living arrangements of qualified persons with disabilities is, as a
                        whole, comparable to that of other persons eligible for housing assistance
                        under the same program.
6/07                                             2-20                          HUD Occupancy Handbook
                                                                               Chapter 2: Civil Rights and
                                                                           Nondiscrimination Requirements

Requirements for Persons with Disabilities

Subsection 1:
Overview and General Requirements

See Exhibit 2-1 for an explanation of reasonable requirements

                           NOTE: Any housing constructed for first occupancy after March 13, 1991,
                           must be designed in accordance with the design and construction
                           requirements of the Fair Housing Act in addition to the Section 504
                           requirements on accessibility. See paragraph 2-45.