HUD HCV Guidebook § 3.3

Section 504 and ADA regulations require the PHA to take appropriate steps to ensure effective
communication with applicants, tenants, and members of the public and to furnish appropriate auxiliary aids
and services where necessary to afford individuals with hearing and vision impairments an equal opportunity
to access and participate in the program. The obligation to provide auxiliary aids and services is separate
from and in addition to a PHA’s reasonable accommodation obligations.

When determining the appropriate aid or service, PHAs must give primary consideration to the preferred
method of communication of the individual. An individual with a disability may request a specific type of
auxiliary aid or service as his or her preferred method of communication. PHAs should consult with the
individual to identify the most appropriate auxiliary aid or service because the individual with a disability
knows best what type of aid or service will be effective for them.97 A PHA has a continuing obligation to
assess the auxiliary aids and services it is providing and should continually consult as necessary with
individuals with disabilities to confirm it is providing appropriate aids and services to ensure effective
communication98. The type of auxiliary aid or service necessary to ensure effective communication will vary in
accordance with the method of communication used by the individual; the nature, length, and complexity of
the communication involved; and the context in which the communication is taking place. To be effective,
auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as
to protect the privacy and independence of the individual with a disability.99

96 24 CFR part 100, 24 CFR part 8, 28 CFR part 35; HUD/DOJ Joint Statement on Reasonable Accommodations Q&A 18 5/17/04.
97 24 CFR 8.6(a)(1)(i).
98 24 CFR 8.6(a)(1)(i).
99 28 CFR 35.160(b)(2).

Fair Housing and Nondiscrimination Requirements                                                                 26
US Department of Housing and Urban Development                                                          April 2025

To meet the needs of persons with hearing impairments, when communicating by telephone, the PHA must
provide telecommunication devices for deaf persons (TDDs) such as Video Relay Service (VRS), Video Remote
Interpreting (VRI) or TTD/TTY (text telephone display/teletype) and initiate and accept relay calls through the
Federal Relay Service, or equally effective communication devices. Auxiliary aids and services may also
include, for example, note takers, real-time computer aided transcription services (CART), written materials,
exchange of written notes, assistive listening device systems; or other effective methods of making aurally
delivered information available to individuals who are deaf or hard of hearing.

To meet the needs of persons with vision impairments, the PHA must make available large-print and audio
versions of key program documents, optical readers on computers available for viewing by applicants or
residents, or other effective methods of making visually delivered materials accessible to individuals who are
blind or have low vision. When visual aids are used in public meetings or presentations, one-on-one
assistance or other requested auxiliary aids and services must be provided.

Additionally, as part of their effective communication obligations, PHAs must make sure that information and
communications technology (ICT) are accessible to individuals with disabilities, meaning websites, emails, pdf
and other documents must all be accessible to persons with vision, hearing, and other disabilities. In
particular, the U.S. Department of Justice updated its Title II regulation, which applies to PHAs, owners, and
their contractors, to provide additional clarity on making such content accessible. See Nondiscrimination on
the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities,
89 Fed. Reg. 31320 (to be codified at 28 CFR part 35, subpart H, effective June 24, 2024). The final rule and
its preamble provide extensive information on ensuring effective communication involving ICT.

Other alternative forms of communication to be considered include sign language interpretation, having
material explained orally by staff, or having a third-party representative such as a friend, relative, or advocate
chosen by the individual to receive, interpret, and explain housing materials and be present at all meetings.
However, the PHA must not require the applicant or tenant to provide, or pay for, their own sign language
interpreter. It is the PHA’s responsibility to provide, upon request, a qualified sign language interpreter. A
qualified sign language interpreter is one who can interpret effectively, accurately, and impartially, both
receptively and expressively, using any specialized vocabulary.

Adult family and friends may not be required or used to interpret, except: (1) in an emergency involving an
imminent threat to the safety or welfare of an individual or the public when there is no qualified interpreter
available; or (2) at the choice of the individual when the individual requests this, the accompanying adult
agrees, and reliance on the accompanying adult is appropriate under the circumstances. A minor child may
not be used to interpret except in an emergency involving an imminent threat to the safety or welfare of an
individual or the public where there is no qualified interpreter available.100

The requirement to provide for effective communication does not include personal items such as hearing aids
or magnifying eyeglasses, for example.