HUD Handbook 4350.3 § 2-40

Key Principles Regarding Reasonable Accommodations (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)

HUD guidance — not codified law
In Force
Verified 11/9/2026 · Next check 11/16/2026
effective 9/29/2026FederalReasonable Accommodations/Modifications

Operative Text

HUD Handbook 4350.3 § 2-40
A.       When a family member requires an accessible feature(s), policy modification, or
                  other reasonable accommodation to accommodate a disability, the owner must
                  provide the requested accommodation unless doing so would result in a
                  fundamental alteration in the nature of the program or an undue financial and
                  administrative burden. A fundamental alteration is a modification that is so
                  significant that it alters the essential nature of the provider’s operations.

         B.       If providing such accommodation(s) would result in an undue financial and
                  administrative burden, the owner must take any other action that would not result
                  in an undue burden. See Section 2-46 B.

C.        If a provider refuses a requested accommodation because it is not reasonable,
                 the provider should engage in an interactive dialogue with the requester to
                 determine if there is an alternative accommodation that would adequately
                 address the requester’s disability-related needs. If an alternative accommodation
                 would meet the individuals needs and is reasonable, the provider must grant it.

       D.        Under both Section 504 and the Fair Housing Act, a tenant or applicant for
                 housing makes a reasonable accommodation request whenever he or she
                 makes it clear to the housing provider that a request is being made for an
                 exception, change, or adjustment to a rule, policy, practice, service, or physical
                 structure because of his or her disability. A request can be made by the person
                 with the disability, a family member, or someone else acting on the individual’s
                 behalf.

       E.        Although a request can be made orally or in writing, it is usually helpful for both
                 the individual with the disability and the housing provider if the request is reduced
                 to writing. If the individual with a disability requires assistance in providing a
                 written reasonable accommodation request, the housing provider should assist
                 the individual with a disability with this request.

       F.        Providers have an obligation to provide prompt responses to reasonable
                 accommodations requests.
Source: Legislative text reproduced verbatim
Plain English

HUD Handbook 4350.3 REV-1 CHG-4 § 2-40 establishes that housing providers covered by Section 504 and the Fair Housing Act must grant disability-related accommodation requests — such as policy changes, rule exceptions, or physical modifications — unless doing so would fundamentally alter the nature of the program or impose an undue financial and administrative burden. When a full accommodation would create such a burden, the provider is still required to offer whatever lesser accommodation remains feasible. Requests can be made orally or in writing, by the person with the disability or someone acting on their behalf, and providers must respond promptly.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 30, 2026

Plain English — not legal advice.

For Property Managers

Under HUD Handbook 4350.3 REV-1 CHG-4 § 2-40, compliant housing operators maintain a clear process for receiving and promptly responding to reasonable accommodation requests, whether submitted orally or in writing. When a request cannot be granted in full due to an undue burden or fundamental alteration concern, operators generally document that determination and engage in an interactive dialogue with the requester to explore alternative accommodations that could still meet the disability-related need. Operators also assist applicants or residents who need help putting a request into written form, and they keep records of all accommodation requests and outcomes.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

HUD Handbook 4350.3 REV-1 CHG-4 § 2-40 gives tenants and applicants the right to request exceptions, changes, or adjustments to rules, policies, or physical features when those changes are needed because of a disability — and a request can be made by a family member or advocate on the individual's behalf. If a housing provider denies a request, the provider is generally expected to engage in a back-and-forth dialogue to find an alternative that meets the disability-related need, rather than simply refusing. Tenants who believe a provider has failed to engage in this process or has improperly denied a request may consider filing a complaint with the U.S. Department of Housing and Urban Development or consulting a tenant-rights organization familiar with fair housing law.

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.

Effective Timeline

Expression #1
Sep 24, 2026
Current
Sep 29, 2026
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Related Rules

§ 966.7
§ 966.7 Accommodation of persons with disabilities.
§ 982.316
§ 982.316 Live-in aide.
§ 2.6
Titles II and III of the Americans with Disabilities Act of 1990

Source Information

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