HUD HCV Guidebook § 3.2

The Fair Housing Act makes it unlawful to refuse to make reasonable accommodations to rules, policies,
practices, or services when such accommodations may be necessary to afford persons with disabilities an
equal opportunity to use and enjoy a dwelling.72 The Fair Housing Act also prohibits the refusal to permit, at
the expense of the person with a disability, reasonable modifications of existing premises occupied or to be
occupied by such person to afford full enjoyment of the premises.

Section 504 similarly requires recipients to make reasonable accommodations in rules, policies, practices,
procedures, and services as well as structural changes, which may be necessary to avoid discrimination based
on disability.73 Under Section 504, recipients are required to pay for a structural modification as a reasonable
accommodation unless it amounts to an undue financial and administrative burden or a fundamental
alteration to the essential nature of the program. If an undue burden or fundamental alteration exists, the
housing provider is still required to provide any other reasonable accommodation up to the point that would
not result in an undue financial and administrative burden on the provider and/or constitute a fundamental
alteration to the essential nature of the program.74 Since this requirement is greater under Section 504 than
under the Fair Housing Act, the PHA typically must pay for physical modifications that private housing
providers would not be required to pay for. For the purposes of this section, a reasonable modification will be

68 See 24 CFR 8.3. This requires that the individual not be able to participate in the program or activity offered because of alcohol

abuse in order to be excluded from the housing. If the program offered is simply rental of a unit, with no services provided, the housing
provider will need to show that the applicant’s drinking prevents the applicant from meeting the terms and conditions of tenancy
(subject to the reasonable accommodation requirement). Alcohol abuse, in and of itself, is not sufficient reason for rejecting an
applicant.
69 24 CFR 8.3, 8.4, 100.201; 28 CFR 35.108 and 35.130(b)(8).
70 42 U.S.C. § 1437a(b)(3)(E).
71 42 U.S.C. § 1437a(b)(E)(iii); 24 CFR 5.403.
72 HUD DOJ Joint Statement on Reasonable Accommodations, 5/17/04 available at

https://www.hud.gov/sites/documents/huddojstatement.pdf.
73 The ADA also requires reasonable modifications. 28 CFR 35.130(b)(7).
74 Joint Statement on Reasonable Accommodations, Q&A 7.

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US Department of Housing and Urban Development                                                                       April 2025

referenced as a reasonable accommodation. 75 Title II or Title III of the ADA may also apply in the context of
the HCV program.

A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, procedure, or
service that may be necessary for a person with disabilities to have an equal opportunity to use and enjoy a
dwelling, including any physical or structural changes to a housing unit or public or common use spaces to
have an equal opportunity to participate in or benefit from a recipient’s program or activity, or to otherwise
avoid discrimination against individuals with disabilities. Any change in the way things are customarily done
that enables a person with disabilities to enjoy housing opportunities, participate in or benefit from a PHA’s
programs, services, or activities, or to meet program requirements is a reasonable accommodation. In other
words, reasonable accommodations eliminate barriers that prevent persons with disabilities from fully
participating in or benefiting from housing opportunities or in any HUD-assisted program or activity. An
individual with a disability may make as many reasonable accommodation requests as needed; there is no
limit to the number of reasonable accommodation requests that may be provided to someone. A PHA may not
deny a reasonable accommodation request on the grounds that the requester has made prior reasonable
accommodation request(s).

Reasonable accommodations can occur or be required in relation to all areas of PHA operations including, but
not limited to:
    •    Applications
    •    Admissions
    •    Determinations of eligibility
    •    Briefings
    •    Inspections and repairs
    •    Leasing
    •    Modifications to rules, requirements, policies, or structural changes to units or common or public use
         areas
    •    Annual or interim reexams
    •    Terminations of assistance
    •    Hearings
    •    Physical accessibility of PHA facilities or housing

Some examples of reasonable accommodation include:
    •    Making home visits for eligibility interviews;
    •    Providing an extra bedroom in family unit size for a live-in aide or for medical equipment;
    •    Allowing assistance animals, including service and support animals;76
    •    Permitting an individual with a disability to remain on a waiting list when they do not respond to
         requests made by the PHA because of a disability-related reason;
    •    Using remote video rather than in-person meetings since online platforms offer captioning, when
         requested and provided it ensures effective communication;

75 See Joint Statement of HUD and DOJ Reasonable Modifications Under the Fair Housing Act, 3/5/2008, Q&A 31.
76 HUD interprets the FHA to require access for individuals who use service animals, a type of assistance animal.When considering a
request for an assistance animal as a reasonable accommodation, housing providers should initially follow the established analysis for
assessing whether an animal is a service animal under the ADA. See FHEO Notice 2020-01, part I, “Assessing a Person’s Request to
Have an Animal as a Reasonable Accommodation Under the Fair Housing Act” for best practices on determining whether an animal is
a service animal under the ADA, https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf; see also 24 CFR
100.204(b).

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US Department of Housing and Urban Development                                                                      April 2025

    •   Providing an individual with a disability additional search time to locate a unit that meets their needs
        upon initial lease-up or when seeking to port their voucher to another PHA’s jurisdiction;
    •   Approving an exception payment standard so that the program is readily accessible to and usable by
        persons with disabilities, e.g., providing for a unit that meets one’s disability-related needs, such as
        close to medical facilities, accessible housing, allowing for modifications to be made to a unit to make
        it accessible, etc.
    •   Approving the leasing of a unit from a relative;
    •   Approving the use of shared housing with an HCV when the PHA does not already allow shared
        housing;
    •   Providing additional time for an individual with a disability who is unable to move within a specific time
        period because of their disability when the individual reaches the top of a waiting list, e.g., treatment,
        hospitalization;
    •   Assigning an accessible parking space
    •   Incorporating physical or structural changes to accommodate an individual’s specific disability, e.g.,
        adding a grab bar in a tenant’s bathroom, widening a doorway or installing ramps for wheelchair
        access; and
    •   Relaying information verbally for people who have difficulty with the written word.

Private housing-providers, including those who rent to voucher holders, are subject to the reasonable
accommodation and modification requirements of the Fair Housing Act even if they are not covered by Section
504 or the ADA. When a participating landlord is not covered under the ADA or Section 504, the Fair Housing
Act still applies, such that housing providers must still provide reasonable accommodations and permit
reasonable modifications, as required by that statute, such as by providing additional services or other
reasonable accommodations to address any barriers. However, when only the Fair Housing Act applies, the
landlord would not be required to pay for structural modifications. Participating landlords may find the
information on HUD’s website related to their obligations helpful. PHAs retain their reasonable
accommodation obligations, which require providing for reasonable accommodations to ensure program
access to the HCV program.

The PHA should provide all applicants tenants with information regarding the PHA’s Reasonable
Accommodation Policy and Procedures at the time they apply for admission and at every annual re-
certification. Since rules, policies, practices, and services may have a different effect on persons with
disabilities than on other persons, treating persons with disabilities exactly the same as others will sometimes
deny them an equal opportunity to participate in or have access to the program. Not all persons with
disabilities will have a need to request a reasonable accommodation. However, all persons with disabilities
have a right to request a reasonable accommodation.77 In addition, under Section 504, PHAs have an
obligation to ensure that their programs, services, and activities are accessible to and usable by individuals
with disabilities. This obligation may require the PHA to offer and provide an accommodation if the PHA knows
the individual is a person with a disability. This obligation to offer accommodations applies even if the
individual has not requested such an accommodation; however, the individual is not obligated to accept an
accommodation when it is offered by the PHA. HUD advises the PHA to review its forms, letters, notices,
posters and signs for inclusion of this information. Not all residents will be able to read and/or access typical
forms of media.

77 24 CFR part 100, 24 CFR part 8, 28 CFR part 35; HUD/DOJ Joint Statement 5/17/04.

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US Department of Housing and Urban Development                                                  April 2025

 As a best practice, PHAs can use the following sample language: “If you or anyone in your family is a person with
 disabilities, and you require an accommodation in order to fully use and enjoy our programs, services, or
 activities please contact [insert appropriate staff name and phone number].” A reasonable accommodation
 includes a change, exception, or adjustment to a rule, policy, practice, or service, or a structural change, that
 may be necessary for a person with disabilities to have an equal opportunity to use and enjoy a dwelling,
 including public and common use spaces, or for the PHA to fulfill its programmatic obligations.

As a best practice, a PHA’s Administrative Plan should include key information about reasonable
accommodations. It should include, but is not limited to, the following examples of reasonable
accommodation-related procedures:

    •   Procedures to prioritize emergency transfers to provide a reasonable accommodation. Some
        reasonable accommodation transfer requests may rise to the level of emergency transfer requests
        depending on the needs of the individual with a disability.
    •   Procedures for reasonable accommodation exception payment standards.