HUD HCV Guidebook § 3.4

In addition to reasonable accommodation obligations, a PHA is subject to minimum physical accessibility
requirements under Federal accessibility laws. PHAs may choose to provide greater accessibility than that
specified in these requirements. The PHA must comply with multiple Federal accessibility laws and the
applicable Federal architectural standards, including:

100 24 CFR 8.6; 28 CFR part 35, subpart E.   See also https://www.ada.gov/effective-comm.htm.

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US Department of Housing and Urban Development                                                   April 2025

    •    Section 504 of the Rehabilitation Act of 1973;
    •    The Americans with Disabilities Act of 1990;
    •    The Architectural Barriers Act of 1968; and
    •    The Fair Housing Act.

All of the PHA’s facilities must be readily accessible to and usable by applicants and participants. All
application offices must be accessible in accordance with Federal civil rights laws. Participating landlords may
also have physical accessibility requirements under Section 504, the ADA, and the Fair Housing Act depending
on their organizational circumstances and must comply with all applicable requirements.

For purposes of housing subject to HUD’s Section 504 requirements, the design, construction, or alteration of
PHA facilities must conform to the Uniform Federal Accessibility Standards (UFAS), or the 2010 ADA Standards
for Accessible Design, except for certain specific identified provisions, as detailed in HUD’s Deeming Notice on
“Instructions for use of alternative accessibility standard,” published in the Federal Register on May 23, 2014,
and available at https://www.gpo.gov/fdsys/pkg/FR-2014-05-23/pdf/2014-11844.pdf. This option exists
until HUD issues a final rule updating its accessibility standard for purposes of Section 504 compliance. For
further information and training on these requirements, please contact HUD’s Fair Housing Accessibility First
technical assistance resource at
https://www.hud.gov/program_offices/fair_housing_equal_opp/accessibility_first_home. Further,
accessibility requirements for public housing and multi-family housing are addressed in HUD’s Section 504
regulations.101

Section 504 requires that newly constructed facilities must be designed to be readily accessible to and usable
by persons with disabilities. Accessible units in a new construction project must include a minimum of five (5)
percent of the total dwelling units in a multifamily housing project, or at least one unit, whichever is greater,
must be made accessible for persons with mobility impairments.102 An additional two (2) percent of the total
units, but not less than one unit, in such a project must be made accessible for persons with hearing or vision
impairments.103 In circumstances where greater need is demonstrated, HUD may prescribe higher
percentages or numbers. Accessible units must be distributed throughout projects and sites and be available
in a sufficient range of sizes and amenities so that a qualified individual with disabilities’ choice of living
arrangements is, as a whole, comparable to that of other persons eligible under the same program.104 For
multifamily housing projects undertaking substantial alterations, the new construction requirements are
triggered.105 Other alterations to existing facilities must be made accessible to the maximum extent feasible,
meaning that the PHA would not need to undertake the alteration if it would result in an undue financial and
administrative burden on the operation of the multifamily housing project. If alterations of single elements or
spaces of a dwelling unit, when considered together, amount to an alteration of a dwelling unit, the entire
dwelling unit must be made accessible.

PHAs also are subject to accessibility requirements under Title II of the ADA. Each facility or part of a facility
constructed by, on behalf of, or for the use of a public entity must be designed and constructed in such
manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities,
if the construction began after January 26, 1992. Alterations must, to the maximum extent feasible, be made

101 24 CFR part 8, Subpart C – Program Accessibility.
102 See 24 CFR 8.20, 8.22, and 8.25.
103 See 24 CFR 8.20, 8.22 and 8.25.     Designated sensory units should not be combined with designated mobility units unless an
individual with disabilities has requested a reasonable accommodation because they need the features of both units.
104 See 24 CFR 8.20 and 8.26.
105 See 24 CFR 8.20, 8.23, and 8.25.

Fair Housing and Nondiscrimination Requirements                                                                          28
US Department of Housing and Urban Development                                                                   April 2025

in such manner that the altered portion of the facility is readily accessible to and usable by individuals with
disabilities, if the alteration began after January 26, 1992. Physical construction or alterations on or after
March 15, 2012, must comply with the 2010 ADA Standards for Accessible Design.106

Both Section 504 and Title II of the ADA also include program access requirements, requiring that a PHA
operate each existing housing program or activity so that when the program or activity is viewed in its entirety,
it is readily accessible to and usable by individuals with disabilities.107

The Fair Housing Act requires that “covered multifamily dwellings” built for first occupancy after March 13,
1991, must be designed and constructed in accordance with specified minimum standards of accessibility. 108
In buildings with four or more units and an elevator, all units must be accessible. In buildings with four or
more units and no elevator, ground floor units must be accessible. A unit that meets the requirements of the
Fair Housing Act design and construction requirements is not equivalent to an adaptable or accessible unit as
defined by Section 504.109

When a family includes a person with disabilities, the PHA must assist the family by matching the household
with a unit that meets the household’s disability-related needs. A PHA must ensure its accessible units are
occupied by individuals who need the accessibility features of the units.110 PHAs must assist individuals in
securing accessible housing units that meet their disability-related needs. Documenting their efforts to do so
will help PHAs meet their program access obligations under Section 504 and the ADA.111 In addition, a PHA
must, among other obligations, ensure that notice of the availability of assistance reaches eligible individuals
with disabilities, encourage participation of owners having accessible units, take into account the ability to
locate accessible units when considering extensions of housing vouchers, and approve requests for exception
payment standards when it may be necessary as a reasonable accommodation.112