HUD Handbook 4350.3 § 2-8

A.        Section 504 prohibits discrimination based upon disability in all programs or
                 activities operated by recipients of federal financial assistance. Although Section
                 504 often overlaps with the disability discrimination prohibitions of the Fair
                 Housing Act, it differs in that it also imposes broader affirmative obligations on
                 owners to make their programs as a whole, accessible to persons with
                 disabilities. These obligations include the following:

                 1.     Making and paying for reasonable structural modifications to units and/or
                        common areas that are needed by applicants and tenants with
                        disabilities, unless these modifications would change the fundamental
                        nature of the project or result in undue financial and administrative
                        burdens;

                 2.     Operating housing that is not segregated based upon disability or type of
                        disability, unless authorized by federal statute or executive order;

                 3.     Providing auxiliary aids and services necessary for effective
                        communication with persons with disabilities;

                 4.     Developing a transition plan to ensure that structural changes are
                        properly implemented to meet program accessibility requirements; and

                 5.     Performing a self-evaluation of the owner’s program and policies to
                        ensure that they do not discriminate based on disability.

                 6.     Operating their programs in the most integrated setting appropriate to the
                        needs of qualified individuals with disabilities.

       B.        Furthermore, the Section 504 regulations establish affirmative accessibility
                 requirements for newly constructed or rehabilitated housing, including providing a
                 minimum percentage of accessible units. In order for a unit to be considered
                 accessible, it must meet the requirements of the Uniform Federal Accessibility
                 Standards (UFAS).

       C.        The Section 504 regulations also require that recipients not discriminate in
                 employment based upon disability.

6/07                                             2-8                         HUD Occupancy Handbook
                                                                             Chapter 2: Civil Rights and
                                                                         Nondiscrimination Requirements

Section 2:
Nondiscrimination Requirements
Under the Fair Housing Act