HUD Handbook 4350.3 § 2-32
Assigning Accessible Units (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
A. Applicability
The requirements of this paragraph apply to the following projects and dwelling
units:
Nondiscrimination and Promote Accessibility
1. Projects with five or more units.
NOTE: HUD recommends that owners of projects with fewer than five
units follow these policies to the extent practicable.
2. Units made accessible under Section 504 as described in Subsection 3
and units designed for disabled families/households when the project was
approved for funding.
B. Eligibility for Accessible Units
1. A percentage of units in most properties contain accessible features.
Eligibility for these accessible units may be limited to a specific population
(e.g., persons with mobility impairments). (See Chapter 3, Section 2, for
more information about project eligibility.)
2. Owners must place applicants eligible for an accessible unit on the
waiting list in accordance with the property’s waiting list procedures. (See
Chapter 4, Section 3, for more information about waiting list
management.)
3. Owners may not prohibit an eligible family with a member who has a
disability from accepting a suitable nonaccessible unit if no accessible
unit is available when the family reaches the top of the waiting list.
Owners must make physical alterations to the nonaccessible unit as a
reasonable accommodation, unless the alterations would result in an
undue financial and administrative burden.
4. If an appropriate-size accessible unit is not available, owners may house
an applicant needing an accessible unit in a larger accessible unit in order
to maximize the use of the accessible features.
C. Order When Assigning Accessible Units
Section 504 requires that owners take reasonable, nondiscriminatory steps to
maximize the use of accessible units by eligible individuals whose disability
requires the accessibility features of a particular unit. As part of this requirement,
owners must assign available accessible units to tenants/applicants in the
following order:
1. When there is a current tenant or qualified applicant with a household
member requiring accessibility features of the unit:
a. Current Tenants. Owners must first offer the unit to an individual
with disabilities currently residing in a nonaccessible unit in the
same project or comparable project under common control, who
requires the features of the unit;
Nondiscrimination and Promote Accessibility
b. Applicants with Disabilities. If no current tenants require the
special features of the accessible unit, the owner must then offer
the unit to the next qualified applicant on the waiting list with a
family member who needs the features of the accessible unit.
2. When neither a current tenant nor a qualified applicant requires the
features of the available accessible unit:
a. Owners may offer the unit to another tenant or applicant in a
manner consistent with the property’s tenant selection policy and
should incorporate into the lease an agreement that the tenant will
move to a nonaccessible unit of the proper size within the same
property when one becomes available. The lease should state
whether the tenant or the owner will pay for the cost of such
moves. (See paragraph **3-23** on occupancy standards and
overcrowded and underutilized units, and paragraph 4-4 C on
tenant selection plans.)
b. In the case where the members of the tenant household who
required the special features of the accessible unit no longer
reside in the unit, and where the lease permits, owners should
require the remaining members of the household to move to a unit
without accessibility features. The Department strongly suggests
that owners incorporate this provision as an addendum to the
lease to avoid placing themselves in a situation of having to retrofit
additional units.HUD Handbook 4350.3 REV-1 CHG-4 § 2-32 establishes a priority system for assigning accessible units in federally assisted housing projects with five or more units. Accessible units must first be offered to current tenants with disabilities who need the accessibility features, then to qualified applicants on the waiting list who need those features, and only afterward to others who do not require them. When an accessible unit is temporarily occupied by a household that does not need its features, the lease should include an agreement requiring that household to relocate to a nonaccessible unit once one becomes available.
Plain English — not legal advice.
Under HUD Handbook 4350.3 REV-1 CHG-4 § 2-32, compliant operators maintain waiting list procedures that track applicants eligible for accessible units and follow the prescribed assignment order — prioritizing current tenants with disabilities, then qualified applicants with disabilities, before offering units to households that do not require accessibility features. When an accessible unit must be filled by a non-disabled household, operators generally include a lease addendum requiring that household to transfer to a nonaccessible unit when one becomes available, and the addendum specifies who bears the cost of that move. Operators also ensure that families with a disabled member are not blocked from accepting a nonaccessible unit when no accessible unit is available, and they evaluate whether reasonable physical alterations to that unit are required as an accommodation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HUD Handbook 4350.3 REV-1 CHG-4 § 2-32 gives households with a member who needs accessibility features a priority right to be offered accessible units before those units are assigned to households that do not require them. If no accessible unit is available when a household with a disability reaches the top of the waiting list, the provision generally prohibits owners from refusing to house that family in a nonaccessible unit, and may require the owner to make reasonable physical alterations to that unit. Tenants who believe this priority system has not been followed may raise the issue with the property's management, file a complaint with the U.S. Department of Housing and Urban Development, or contact a local tenant-rights organization for general guidance on 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 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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