HUD Handbook 4350.3 § 2-35
Owners’ Requirements for Providing Physical Accessibility (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
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.
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
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.HUD Handbook 4350.3 REV-1 CHG-4 § 2-35 establishes physical accessibility requirements for federally assisted multifamily housing. Properties built after July 11, 1988 must have at least 5% of units fully accessible under UFAS standards and an additional 2% accessible for persons with visual and hearing impairments, with no financial-burden exception for that construction obligation. Owners must also maintain accessible routes, parking, and common-use facilities up to the point where further improvements would create an undue financial and administrative burden, and must follow specific accessibility rules whenever physical alterations are undertaken.
Plain English — not legal advice.
Under HUD Handbook 4350.3 REV-1 CHG-4 § 2-35, compliant operators of federally assisted multifamily properties generally ensure that post-1988 construction met the 5% and 2% unit-accessibility thresholds required by 24 CFR 8.22, since no financial-burden defense is available for that obligation. When undertaking alterations, operators typically assess whether the project qualifies as a 'substantial alteration' (cost at or above 75% of replacement cost for properties with 15 or more units), which triggers new-construction accessibility standards, or whether the lesser alteration rules apply. Operators also routinely evaluate accessible routes, parking, and common-use facilities—such as laundry rooms, entrances, and management offices—to ensure they are accessible to the maximum feasible extent, documenting any undue-burden analysis when full compliance is not achievable.
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 § 2-35 gives residents of federally assisted multifamily housing the right to expect that a minimum share of units, accessible routes, and common-use spaces meet federal accessibility standards, and that owners cannot simply cite cost as a reason for failing to meet the post-1988 construction requirements. Tenants who believe their property falls short of these standards may raise the issue as a defense in relevant proceedings, file a complaint with the U.S. Department of Housing and Urban Development, or contact a tenant-rights or disability-rights organization for general information about available options. Reviewing the provision alongside 24 CFR Part 8 can help tenants understand the specific thresholds and exceptions that apply to their building.
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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