HUD Handbook 4350.3 § 2-35

A.       General

                 In addition to ensuring that projects are operated in a manner that protects
                 against discrimination and promotes accessibility for persons with disabilities to
                 enable them to participate fully in the program, there are also requirements
                 regarding the physical accessibility of properties.

         B.       Federally Assisted Multifamily Properties Built after July 11, 1988

                  Federally assisted multifamily properties built after July 11, 1988 were required to
                  be constructed to comply with the Section 504 accessibility requirements
                  contained in 24 CFR 8.22. This regulation requires that a minimum of 5% of the
                  units in newly constructed multifamily housing be fully accessible in accordance
                  with the Uniform Federal Accessibility Standards (UFAS) and an additional 2%
                  be accessible to persons with visual and hearing impairments. This obligation is
                  an absolute requirement and should have been met during construction. For
                  buildings that fall within this category, an owner may not justify a failure to have
                  met these requirements because of an undue financial and administrative
                  burden.

         C.       Accessible Routes

                 Owners must provide accessible routes to and throughout the property (curb cuts
                 or modifications, i.e., ramps) and provide accessible parking spaces in an
                 accessible location as long as such improvements would not result in an undue
                 financial and administrative burden.

HUD Occupancy Handbook                               2-33                                           6/07
Chapter 2: Civil Rights and
Nondiscrimination Requirements

                                                             Additional Nondiscrimination and Accessibility
                                                                Requirements for Persons with Disabilities

                                                                                            Subsection 3:
                                                                                     Physical Accessibility

D.        Common Use Facilities

                 Owners must make common use facilities, or parts of facilities, and public spaces
                 accessible to persons with disabilities, as long as such improvements would not
                 result in an undue financial and administrative burden. This responsibility means
                 that owners must do everything feasible to make these areas accessible up to
                 the point at which any further modifications or improvements would result in an
                 undue financial and administrative burden.

                 1.     Public spaces include but are not limited to community rooms, laundry
                        and trash rooms, parking spaces, entrances, sidewalks, public restrooms,
                        and the management office.

                        NOTE: If the common use facilities are rented to the public or a business
                        operates out of this space, Title II and/or Title III of the Americans with
                        Disabilities Act may also apply to these facilities. For further information
                        on this subject, please refer to the Department of Justice website at
                        www.usdoj.gov/crt/ada/taprog.htm.

                 2.     Owners do not have to make each location of an amenity or facility
                        accessible to persons with mobility impairments (e.g., each laundry room,
                        each trash room, each entrance).

                        a.     An owner may decide to make one laundry room in a central
                               location accessible to tenants with mobility impairments, or make
                               the main entrance accessible but not the side entrances.
                               However, if only one entrance or amenity is accessible, it must be
                               accessible to tenants with mobility impairments who live in any
                               part of the development. For example, it would not be appropriate
                               to make only one laundry room accessible if the property had
                               multiple buildings, and only tenants with mobility impairments had
                               to go out in inclement weather to do their laundry.

                        b.     The owner must make one-of-a kind amenities or facilities
                               accessible and usable to persons with disabilities or provide an
                               alternative means for accessibility (management office,
                               community space, public restroom).

       E.        Physical Alterations to Existing Housing

                 1.     Substantial alterations.

                        If an owner undertakes physical alterations to a property that has 15 or
                        more units and the cost of the alterations is 75% or more of the
                        replacement cost of the completed property, then the owner must follow
                        the new construction provisions of 24 CFR 8.22 (a) and (b) which requires
                        that a minimum of 5% of the units be made accessible for persons with

6/07                                               2-34                       HUD Occupancy Handbook
                                                                              Chapter 2: Civil Rights and
                                                                          Nondiscrimination Requirements

Requirements for Persons with Disabilities

Subsection 3:
Physical Accessibility

mobility impairments, and 2% of the units be made accessible for persons
                           with visual and hearing impairments.

                  2.       Other alterations.

                           a.       When an owner undertakes any other alterations to a multifamily
                                    property covered by this handbook that do not qualify as
                                    “substantial alterations” as described above in subparagraph D.1,
                                    such alterations must be accessible, to the maximum extent
                                    feasible, until at least 5% of the units are accessible for persons
                                    with mobility impairments, and 2% of the units are accessible for
                                    persons with visual and hearing impairments unless HUD
                                    prescribes a higher number pursuant to 24 CFR 8.23 (b) (2).

                           b.       If alterations of single elements of a dwelling unit, when
                                    considered together, amount to an alteration of the dwelling unit,
                                    the owner must make the entire dwelling unit accessible.

                           c.       When the owner is not altering the entire unit, 100% of single
                                    elements being altered must be made accessible until 5% of the
                                    units in the property are fully UFAS accessible.

                                    (1)      However, HUD strongly encourages owners, when
                                             undertaking alterations, to make 5% of the units in a
                                             property accessible up front, as that will avoid the
                                             necessity of making every element altered accessible,
                                             which may result in having partially accessible units of little
                                             or no value for persons with mobility impairments, and is
                                             likely to be more costly overall.

                                    (2)      HUD recommends owners include up to 2% of the units for
                                             persons with hearing and vision impairments.

                           d.       See paragraph 2-43 and 24 CFR 8.23 (b) (1) for exceptions due to
                                    undue financial and administrative burden and 24 CFR 8.32 (c) for
                                    exceptions regarding alterations that require removing or altering
                                    load-bearing structural members.

                  3.       Under Section 504, owners are not required to make structural changes
                           in existing housing facilities where other methods, which may not cost as
                           much, are effective in making federally assisted housing programs or
                           activities readily accessible to and usable by persons with disabilities.