HUD HCV Guidebook § 2.6
Titles II and III of the Americans with Disabilities Act of 1990 (HUD HCV Guidebook)
Operative Text
Signed into law in 1990 and amended in 2008, the Americans with Disabilities Act (ADA) is a comprehensive civil rights law for persons with disabilities. Title II of the ADA and its implementing regulations extend Section 504’s nondiscrimination requirements to all programs, services, and activities of public entities regardless of whether the public entity receives Federal financial assistance.27 States and local governments, any department, agency, special purpose district, or other instrumentality of a State or local government, whether they receive Federal funds, cannot discriminate against individuals with disabilities in any of their programs, services, or activities such as public education, transit, health care, social services, town meetings, voting, and court access, as well as all housing services, programs, and activities. Title II and Section 504 are similar but they have some unique requirements. Like Section 504, the Title II ADA regulations also adopted physical accessibility requirements known as the 2010 ADA Standards for Accessible Design.28 Because both Section 504 and Title II generally apply to PHAs, and they are subject to the architectural standards under both, until HUD adopts a new accessibility standard for purposes of compliance with HUD’s Section 504 requirements, PHAs may either use the Uniform Federal Accessibility Standards (UFAS) or HUD’s Deeming Notice,29 which permits the use of the 2010 ADA Standards with certain exceptions, in order to meet their physical accessibility obligations under Section 504. However, the standards applicable to any given facility or element within a property depend on various considerations, such as when the facilities or elements were designed, constructed and altered.30 Also, if a PHA employs more than 50 people, Title II requires the PHA to adopt grievance procedures for anyone denied a reasonable accommodation, including applicants to the HCV program. These grievance procedures can be the same as the regular informal hearing or grievance procedures, as long as they provide due process to resolve complaints under Title II and comply with all nondiscrimination requirements.31 The PHA may not require an individual who believes their request for a reasonable accommodation was incorrectly 26 See 24 CFR 8.27. 27 For more information, please refer to the Department of Justice’s Titles II and III ADA implementing regulations at 28 CFR part 35. 28 See https://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm. 29 79 Fed. Reg. 29671 (May 23, 2014). 30 See U.S. Department of Justice, Revised ADA Requirements: Effective Date and Compliance Date (2011), https://www.ada.gov/revised_effective_dates-2010.htm. 31 28 CFR 35.107; see 24 CFR part 966 subpart B. Fair Housing and Nondiscrimination Requirements 9 US Department of Housing and Urban Development April 2025 denied to utilize the PHA’s grievance procedures and must make clear that individuals are permitted to file complaints alleging discrimination with HUD at any time32. Title III of the ADA prohibits private entities that own, lease, and operate places of public accommodation from discriminating on the basis of disability and requires places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with established accessibility standards.33 Places of public accommodation include rental offices, as well as shelters, social service establishments, and other facilities that are open to the public.
HUD Housing Choice Voucher Guidebook § 2.6 describes how Titles II and III of the Americans with Disabilities Act extend civil rights protections to people with disabilities in housing-related contexts. Title II bars state and local government entities—including Public Housing Authorities (PHAs)—from discriminating in any program or activity, and requires PHAs with more than 50 employees to maintain grievance procedures for denied reasonable accommodation requests. Title III extends nondiscrimination and accessibility requirements to private entities operating places of public accommodation, such as rental offices.
Plain English — not legal advice.
Under § 2.6, PHAs and other public entities must ensure their housing programs, services, and activities are free from disability-based discrimination. PHAs employing more than 50 people are expected to maintain grievance procedures that provide due process for reasonable accommodation denials, and must inform individuals of their right to file discrimination complaints with HUD at any time. Operators of rental offices and similar public-facing facilities should also be aware that Title III accessibility standards apply to the design, construction, and alteration of those spaces.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 2.6 means that PHAs and local government housing programs cannot discriminate against you based on disability, and if a PHA with more than 50 employees denies your reasonable accommodation request, it must offer a grievance process with due process protections. Importantly, you are not required to use the PHA's grievance procedures—you may file a discrimination complaint directly with HUD at any time. Tenant-rights organizations can help you understand which path may be available given your circumstances.
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 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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