HUD PIH Notice § 2010-26

Non-Discrimination and Accessibility for Persons with Disabilities (HUD PIH Notices)

HUD guidance — not codified law
In Force
Verified 10/14/2026 · Next check 10/21/2026
effective 10/14/2026FederalAffordable Housing Programs

Operative Text

HUD PIH Notice § 2010-26

 [pic]                 U.S. Department of Housing and Urban Development
                           Office of Public and Indian Housing


Special Attention of:                                     NOTICE PIH 2010-
26 (HA)
Regional Directors; State and Area
Coordinators; Public Housing Hub                                Issued:
July 26, 2010
Directors; Program Center Coordinators;
Troubled Agency Recovery Center Directors;                Expires:  July
31, 2011
Special Applications Center Director;
________________________
Public Housing Agencies;                                  Cross Reference:
Notice
Housing Choice Voucher/Section 8 Public                   PIH 2003-31 (HA)

Housing Agencies; Resident                                PIH 2006-13 (HA)
Management Corporations                                   PIH Letter L-2007-
05
                                                    PIH Notice 2009-5


Subject:  Non-Discrimination and Accessibility for Persons with
Disabilities

1. Purpose:  The purpose of this Notice is to remind recipients of Federal
   funds of their obligation to comply with pertinent laws and implementing
   regulations which mandate non-discrimination and accessibility in
   federally funded housing and non-housing programs for persons with
   disabilities.
                                          Additionally, this Notice provides
   information on key compliance elements of the relevant regulations and
   examples and resources to enhance recipients’ compliance efforts.
   However, specific regulations must be reviewed in their entirety for full
   compliance.

2. Applicability:  This Notice applies to all public housing programs and
   activities receiving Federal financial assistance either directly or
   indirectly from the Office of Public and Indian Housing.  This Notice is
   not applicable to ONAP programs, Tribes or TDHEs.


   Federal financial assistance and programs or activities are both defined
   very broadly.  See 24 CFR 8.3 for the regulatory definitions.

   Contractors or other agents of public housing agencies (PHAs) performing
   covered work or conducting covered activities on behalf of PHAs are
   subject to the requirements of this Notice.

3. Background:  Although the Department is aware that many HUD recipients
   are doing an excellent job of providing accessibility in their programs
   for persons with disabilities, it has been brought to the Department’s
   attention that other HUD recipients may not be in compliance with the
   subject laws and implementing regulations.  As part of an effort to
   achieve maximum compliance, this Notice will serve to emphasize the
   importance of compliance.

4. Notifications:  It is recommended that PHAs and other recipients of
   Federal PIH funds provide this Notice to all current and future
   contractors, agents and housing choice voucher program owners
   participating in covered programs/activities or performing work covered
   under the above laws referenced below and implementing regulations.



                    I.  Statutory/Regulatory Requirements


Some statutory and regulatory provisions overlap others.  Where there is a
conflict, the most stringent provision applies including any state or local
laws/regulations/codes which may be more stringent than Federal
requirements.


A.  Self-evaluations/Needs Assessments/Transition Plan



   1. Section 504 of the Rehabilitation Act of 1973 (Section 504)[1]; Title
      II of the Americans with Disabilities Act of 1990 (ADA)[2]:
      Initially, with the issuance of the Section 504 implementing
      regulations at 24 CFR Part 8 on June 2, 1988, PHAs were required to
      conduct needs assessments and develop transition plans to address the
      identified needs of residents and applicants with disabilities.  The
      transition plan and the needs assessment are required to be available
      for public review pursuant to 24 CFR § 8.25(c).


      Likewise, PHAs were required to conduct a self-evaluation their
      current policies and practices to determine whether, in whole or in
      part, they do not or may not meet the requirements of Section 504.
      PHAs must then modify any policies and practices that do not meet the
      requirements and take appropriate corrective steps to remedy the
      discrimination revealed by the self-evaluation. See 24 CFR § 8.51.


      The Department’s Office of Fair Housing and Equal Opportunity (FHEO)
      will continue, as a matter of routine, to request copies of any self-
      evaluations, needs assessments or transition plans in every compliance
      review and complaint investigation conducted of a HUD recipient.
      These documents may also be reviewed by other HUD offices in
      conjunction with funding applications and in addressing non-compliance
      issues that may arise.  In addition, effective January 26, 1992, Title
      II of the ADA required PHAs to conduct a self-evaluation of their
      current services, policies and practices.  See 28 CFR §§ 35.105 and
      35.150 (d).


      PHA-Plan regulations pursuant to the U.S. Housing Act of 1937 at 24
      CFR § 903.7(a)(1)(ii) require the submission of a statement addressing
      the housing needs of low-income and very low-income families,
      including such families with disabilities, who reside in the
      jurisdiction served by the PHA and families who are on the public
      housing and housing choice voucher program waiting list.


      Additionally, to ensure continued compliance with Section 504 and
      Title II of the ADA, PHAs are encouraged to conduct needs assessments
      and self-evaluations, at least yearly, working with persons/residents
      with disabilities and local advocacy groups for persons with
      disabilities.  (see 24 CFR §§ 8.25(c) and 8.51 for additional
      information).  Transition plans should be updated as a result of such
      needs assessments and self-evaluations.  The transition plan must be
      made available for public review.

B.  Section 504/24 CFR 8 – Major Provisions
      [see http://www.hud.gov/offices/fheo/disabilities/504keys.cfm]

   1. New Construction [see 24 CFR § 8.22 (a) and (b)].  A minimum of 5
      percent of the total dwelling units, or at least one unit (whichever
      is greater), must be made accessible for persons with mobility
      impairments.  An additional minimum of 2 percent of the units, or at
      least one unit (whichever is greater) must be made accessible for
      persons with hearing or vision impairments.  In circumstances where
      greater need is shown, HUD may prescribe higher percentages than those
      listed above. [see 24 CFR 8.22(c).]  Accessible units must be on an
      accessible route from site arrival points and connected by an
      accessible route to public and common use facilities located elsewhere
      on the site. Also, see visitability recommendations in Section I. of
      this Notice.


    2. Calculating the Required 5% and 2%.  PHAs and all other HUD
       recipients must calculate and provide the proper number of
       accessible units consistent with the applicable requirements of
       Section 504.  As noted above for New Construction, 24 CFR § 8.22
       (b), requires a minimum of 5 percent of the total dwelling units be
       made accessible for persons with mobility impairments.  An
       additional 2 percent of the total units must be made accessible for
       persons with hearing or vision impairments.


       For example, if a recipient newly constructs a 41-unit development,
       24 CFR § 8.22 (b), requires a minimum of 5 percent of the total
       dwelling units be made accessible for persons with mobility
       impairments.  That is 41 total units x 5 percent = 2.05 accessible
       units.  However, to provide the minimum of 5 percent requires that
       any fraction of a whole number, in this example .05 units, be
       rounded up to 3 units.  If the recipient instead rounded the
       fraction down to 2 units (2 accessible units ÷ 41total units = 4.8
       percent), the recipient would not comply with the requirement that
       there be a minimum of 5 percent.


       Since 24 CFR § 8.22 (b) requires an additional 2 percent of the
       total units be made accessible for persons with hearing or vision
       impairments, the recipient must provide one such unit as prescribed
       by the regulation because 41 total units x 2 percent = .82 such
       units.


       This method of calculating the required number of accessible units
       also applies to developments subject to the Substantial Alterations
       requirements of 24 CFR § 8.23 (a).


   3. Substantial Alterations [see 24 CFR § 8.23 (a)].  If alterations are
      undertaken to a project that has 15 or more units and the cost of the
      alterations is 75 percent or more of the replacement cost of the
      completed facility, then the provisions of 24 CFR 8.22 (a) and (b) for
      new construction apply, with the sole exception that load bearing
      structural members are not required to be removed or altered.  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 shall be made accessible.  Once 5 percent of the
      dwelling units in a project are readily accessible to and usable by
      individuals with mobility impairments, then no additional elements of
      dwelling units or entire dwelling units are required to be accessible
      under this paragraph.


   4. Other Alterations [see 24 CFR § 8.23 (b)].  When other alterations are
      undertaken, including, but not limited to modernization, such
      alterations are required to be accessible to the maximum extent
      feasible, up until a point where at least 5 percent of the units in a
      project are accessible unless HUD prescribes a higher number or
      percentage pursuant to 24 CFR § 8.23 (b)(2).  PHAs should also include
      up to 2 percent of the units in a development accessible for persons
      with hearing and vision impairments.  See 24 CFR. § 8.32 (c) for
      exception regarding removing or altering a load-bearing structural
      member.  (Note:  these exceptions do not relieve the recipient from
      compliance utilizing other units/buildings/developments or other
      methods to achieve compliance with Section 504.)

    5. Adaptable Units:  Section 504 permits recipients to construct or
       convert adaptable units.  A dwelling unit that is on an accessible
       route, as defined by Section 504 and UFAS, and is adaptable and
       otherwise in compliance with the standards set forth in 24 C.F.R. §
       8.32 is “accessible”.  Adaptable or adaptability means the ability
       of certain elements of a dwelling unit, such as kitchen counters,
       sinks and grab bars to be added to, raised, lowered, or otherwise
       altered to accommodate the needs of persons with or without
       disabilities, or to accommodate the needs of persons with different
       types or degrees of disabilities.  An accessible route is defined as
       a continuous, unobstructed UFAS-compliant path as prescribed in 24
       CFR §§ 8.3 and 8.32; UFAS. § 4.3.  See 24 CFR §§ 8.3 & 8.32; UFAS §§
       4.34.3-4.34.6.


       Adaptable units may be appropriate when the PHA has no immediate
       demand for accessible units since adaptable units may be more
       marketable to families without disabilities.  [NOTE:  A unit that
       meets the requirements of the Fair Housing Act Design & Construction
       requirements is NOT equivalent to an Adaptable or Accessible Unit as
       defined by UFAS and Section 504.]

   6. Uniform Federal Accessibility Standards (UFAS) 24 CFR § 8.32 –


       Compliance with UFAS shall be deemed to comply with the
       accessibility requirements of Section 504, 24 CFR §§ 8.21, 8.22,
       8.23 and 8.25.  Departures from the technical and scoping
       requirements of UFAS are permitted where substantially equivalent or
       greater access and usability of the building is provided.  See 24
       CFR § 8.32 (a).  The United States Access Board promulgates the
       minimum guidelines and requirements for accessible design upon which
       UFAS is based.  The UFAS may be found at:   http://www.access-
       board.gov/ufas/ufas-html/ufas.htm
         See also Section I.C., below.


       NOTE:  On July 23, 2004, the U.S. Access Board issued new Americans
       with Disabilities Act (ADA) and Architectural Barriers Act (ABA)
       Guidelines which cover new construction and alteration of a broad
       range of facilities in the private and public sectors and serve as
       the basis for enforceable accessibility standards issued by Federal
       Agencies, including HUD.  These Guidelines, once adopted by HUD,
       will replace the current UFAS.  However, they will only apply to new
       construction and planned alterations and generally will not apply to
       existing facilities except where altered.  HUD recipients are not
       required to comply with the new Guidelines until such time as HUD
       adopts them as enforceable standards.  Information about the new
       Guidelines may be obtained from the Access Board website at
       http://www.access-board.gov/ada-aba/final.cfm.


   7. Reasonable Accommodations [see 24 CFR §§ 8.20, 8.21,  8.24 and 8.33].
      PHAs and other recipients of Federal financial assistance are required
      to make reasonable adjustments to their rules, policies, practices and
      procedures in order to enable an applicant or resident with a
      disability to have an equal opportunity to use and enjoy the housing
      unit, the common areas of a dwelling or participate in or access
      programs and activities conducted or sponsored by the PHA and/or
      recipient.  When a family member requires a policy modification to
      accommodate a disability, PHAs must make the policy modification
      unless doing so would result in a fundamental alteration in the nature
      of its program or an undue hardship on the PHA’s programs.  Factors to
      be considered include:


    • The overall size of the (PHA’s) program with respect to the number of
      employees, number and type of facilities and size of budget;
    • The type of (PHA’s) operation, including the composition and structure
      of the (PHAs) workforce and;
    • The nature and cost of the accommodation needed.


       See discussion on Screening/Reasonable Accommodations in Section
       2F(6) and reasonable accommodation under the Fair Housing Act in
       Section 1E(3).   Note:  A recipient is not required to accommodate
       an individual with a disability by modifying a rule or policy that
       is required by statute.  Such a change would be a fundamental
       alteration of a program.
       For example:

        • A PHA that does not allow residents to have pets must modify its
          policies and allow a tenant with a disability to have an
          assistance animal if the animal is needed to provide the resident
          with a disability an equal opportunity to use and enjoy the
          housing.


    •     If the recipient provides transportation to PHA sponsored/funded
      functions or
            activities then a recipient must ensure that accessible
        transportation is provided
            to accommodate persons with disabilities and their aides
        including the
            reasonable accompaniment of relative(s) or acquaintance(s).

      PHAs and other recipients of Federal financial assistance are also
      required to provide reasonable accommodations to tenants and
      applicants with disabilities who need structural modifications to
      existing dwelling units and public use and common use areas in order
      to make effective use of the recipient’s program. Under the
      regulations, this obligation may be met either by making and paying
      for requested structural modifications or by using other equally
      effective methods.  See 24 CFR §§ 8.20, 8.21(c), 8.24.  However, when
      the PHA is accommodating a resident’s disability-related needs without
      making structural changes, the PHA shall give priority to those
      methods that offer programs and activities to qualified individuals
      with disabilities in the most integrated setting appropriate.   See 24
      CFR §§ 8.21 (c), 8.24 (b) for a variety of suggested, but not all
      inclusive compliance methods.  As with other requested reasonable
      accommodations, PHAs and other recipients are not required to provide
      requested structural modifications if doing so would result in a
      fundamental alteration in the nature of the program or an undue
      financial and administrative burden.  However, the PHA or other
      recipient is required to provide any other reasonable accommodation up
      to the point that would not result in an undue financial or
      administrative burden on the particular recipient and/or constitute a
      fundamental alteration of the program.


      For example:


    • A PHA may be required to pay for and install a ramp to allow a
      resident who is a wheelchair user to have access to a dwelling unit
      that has a step at the front door if the resident cannot be
      accommodated by relocation to a different unit that meets the
      resident’s needs.


    • A PHA may be required to pay for and install grab bars in the
      resident’s dwelling unit in order to accommodate a resident who has a
      mobility disability.


    • A PHA may be permitted to transfer a resident with disabilities who
      needs an accessible unit to an appropriate available accessible unit
      or an appropriate accessible unit that can be modified in lieu of
      modifying the tenant’s current inaccessible unit.


      Note:  This requirement to accommodate individual tenant’s requests
      for accessible features is separate from the PHA’s affirmative
      obligation to have an inventory of accessible units available for
      persons with disabilities pursuant to 24 CFR §§ 8.22, 8.23 and 8.25.


   8. Distribution of Accessible Dwelling Units (see 24 CFR § 8.26).
      Required accessible dwelling units shall, to the maximum extent
      feasible and subject to reasonable health and safety requirements, be
      distributed throughout projects and sites and shall be available in a
      sufficient range of sizes and amenities so that persons with
      disabilities have choices of living arrangements comparable to that of
      other families eligible for assistance under the same program.


   9. Occupancy of Accessible Dwelling Units (see 24 CFR § 8.27).  PHAs
      shall adopt suitable means including providing information in its
      application packets, providing refresher information to each resident
      during annual re-certifications and posting notices in its Admissions
      & Occupancy Offices to ensure that information regarding the
      availability of accessible dwelling units reaches eligible persons
      with disabilities.  The PHA shall also modify its Admissions,
      Occupancy and Transfer policies and procedures in order to maximize
      the occupancy of its accessible units by eligible individuals whose
      disability requires the accessibility features of the particular unit.




       PHAs shall also take reasonable non-discriminatory steps to maximize
       the utilization of accessible units by eligible individuals whose
       disability requires the accessibility features of the particular
       unit.  To this end, when an accessible unit becomes vacant, the PHA
       shall:

   a. First, offer the unit to a current occupant with disabilities in the
      same development that requires the accessibility features of the
      vacant accessible unit and occupying a unit not having those
      accessibility features.  The PHA must pay moving expenses to transfer
      a resident with a disability to an accessible unit as an accommodation
      for the resident’s disability.


   b. Second, if there is no current resident in the same development who
      requires the accessibility features of the vacant, accessible unit,
      the PHA will offer the unit to a current resident with disabilities
      residing in another development that requires the accessibility
      features of the vacant, accessible unit and occupying a unit not
      having those accessibility features.

   c. Third, if there is no current resident who requires the accessibility
      features of the vacant, accessible unit, then the PHA will offer the
      vacant, accessible unit to an eligible, qualified applicant with
      disabilities on the PHA’s waiting list who can benefit from the
      accessible features of the available, accessible unit.

   d. Fourth, if there is not an eligible qualified resident or applicant
      with disabilities on the waiting list who wishes to reside in the
      available, accessible unit, then the PHA should offer the available
      accessible unit to an applicant on the waiting list who does not need
      the accessible features of the unit.  However, the PHA may require the
      applicant to execute a lease that requires the resident to relocate,
      at the PHA’s expense, to a non-accessible unit within thirty (30) days
      of notice by the PHA that there is an eligible applicant or existing
      resident with disabilities who requires the accessibility features of
      the unit.  See 24 CFR § 8.27.  Although the regulation does not
      mandate the use of the lease provision requiring the nondisabled
      family to move, as a best practice, the Department strongly encourages
      recipients to incorporate it into the lease.  By doing so, a recipient
      may not have to retrofit additional units because accessible units are
      occupied by persons who do not need the features of the units.  In
      addition, making sure that accessible units are actually occupied by
      persons who need the features will make recipients better able to meet
      their obligation to ensure that their program is usable and accessible
      to persons who need units with accessible features.   See 24 CFR 8.20.




      Note:  A PHA may not prohibit an eligible disabled family from
      accepting a non-accessible unit for which the family is eligible that
      may become available before an accessible unit.  The PHA is required
      to modify such a non-accessible unit as needed, unless the
      modification would result in an undue financial and administrative
      burden.


   10. Most Integrated Setting Appropriate (see 24 CFR Part 8 and 28 CFR
       Part 35). Section 504 regulations at 24 CFR § 8.4(d) require that
       recipients administer programs and activities receiving Federal
       financial assistance in the most integrated setting appropriate to
       the needs of qualified individuals with disabilities.  The
       regulations provide that a specific class of individuals with
       disabilities may not be excluded from a program unless the program
       is limited by Federal statute or executive order to a different
       class of individuals. Section 504 regulations (see 24 CFR  §
       8.4(b)(1)(iv)) also state that recipients cannot limit benefits to a
       particular category of people with disabilities unless it is
       necessary in order to provide housing services that are as effective
       as those provided to others. Further, the regulations (see 24 CFR  §
       8.4(5)(i)) state that in determining the site or location of a
       federally assisted facility, an applicant for assistance or a
       recipient may not make selections the purpose or effect of which
       would exclude qualified individuals with disabilities from, deny
       them the benefits of, or otherwise subject them to discrimination
       under, any program or activity that receives Federal financial
       assistance.


  11. While Section 504 requires such integration only in programs that are
      Federally-assisted, Title II of the ADA similarly requires public
      entities to provide all their services in the most integrated setting
      appropriate to the needs of qualified individuals with disabilities
      regardless of Federal assistance.  The concept of community
      integration is at the heart of Section 504 and the ADA.  Consistent
      with the standards of Section 504 and the ADA, in most instances,
      separate programs for individuals with disabilities will not be
      permitted.


  12. PHA Requirements for the Housing Choice Voucher Program (see 24 CFR §
      8.28).
       [see Notice PIH 2005-05 and subsequent reinstatements by Notice PIH
       2006-21 and PIH Letter L-2007-1:  New Freedom Initiative, Executive
       Order 13217:  “Community-Based Alternatives for Individuals with
       Disabilities,” and the Housing Choice Voucher Program.]


       In carrying out the requirements of 24 CFR § 8.28, the PHA or other
       recipient administering a Housing Choice Voucher Program shall:


       (1) In providing notice of the availability and nature of housing
          assistance for low-income families under program requirements,
          adopt a suitable means to ensure that the notice reaches eligible
          individuals with disabilities and that they can have an equal
          opportunity to participate in the application process for the
          Housing Choice Voucher Program;


        I. In its activities to encourage participation by owners, include
           encouragement of  participation by owners having accessible
           units;


       II. When issuing a Housing Choice Voucher to a family which includes
           an individual with disabilities, include a current listing of
           available accessible units known to the PHA and, if necessary,
           otherwise assist the family in locating an available accessible
           dwelling unit;


      III. Take into account the special problems of locating an accessible
           unit when considering requests by eligible individuals with
           disabilities for extensions of Housing Choice Vouchers; and


       IV. In order to ensure that participating owners do not discriminate
           in the recipient’s federally assisted program, a recipient shall
           enter into a HUD-approved contract with participating owners,
           which contract shall include necessary assurances of non-
           discrimination.


        V. If necessary as a reasonable accommodation for a person with
           disabilities, approve a family request for an exception payment
           standard under Sec.  982.505(d) for a regular tenancy under the
           Section 8 voucher program so that the program is readily
           accessible to and usable by persons with disabilities.


  13. Non-housing Facilities (see 24 CFR § 8.21).  Newly constructed non-
      housing facilities shall be designed to be readily accessible to and
      usable by people with disabilities.  Alterations to existing
      facilities shall be made accessible to the maximum extent feasible –
      defined as not imposing an undue financial and administrative burden
      on the operations of the recipient’s program or activity.  For
      existing non-housing facilities, PHAs shall operate each program or
      activity receiving Federal financial assistance so that the program or
      activity, when viewed in its entirety, is readily accessible to and
      usable by individuals with disabilities.  There are a number of
      methods included in the regulation at 24 CFR § 8.21(c)(2) which may be
      used to accomplish accessibility in existing non-housing programs and
      activities.


       For example:


    • A PHA operates a community center.  The PHA wishes to provide a
      tutoring program and the only available space available after school
      is on an inaccessible second floor.  A child who uses a wheelchair and
      lives in the PHA development served by the community center wishes to
      participate in the tutoring program.  The PHA may provide space on the
      first floor for the child to work with his tutor or make tutoring
      available at another location that is accessible and convenient to the
      child as an alternative to installing an elevator or chair lift to get
      the child to the second floor tutoring site.


       Departures from UFAS are permitted as outlined in Section I. B, item
       5 of this Notice.

  14. Accessibility Standards   Accessibility Standards (see 24 CFR § 8.32).
       The design, construction or alteration of buildings in conformance
      with sections 3-8 of the UFAS shall be deemed to comply with the
      accessibility requirements of §§ 8.21, 8.22, 8.23, and 8.25 with
      respect to those buildings.  Departures from the requirements of UFAS
      are permitted where substantially equivalent or greater accessibility
      is provided.   The Section 504 requirements at 24 CFR § 8.32 do not
      require that building alterations be made when such alterations have
      little likelihood of being accomplished without removing or altering a
      load-bearing structural member.


  15. Common Areas.   Section 504 and Title II of the ADA require that a PHA
      operate each existing housing program or activity receiving Federal
      financial assistance so that the program or activity, when viewed in
      its entirety, is readily accessible to and usable by individuals with
      disabilities.  See 24 CFR § 8.24(a) and 28 CFR § 35.150 (a).

       Therefore, the PHA must ensure that its common areas and public
       spaces serving its designated accessible units, including, but not
       limited to, community buildings, management offices, meeting rooms,
       corridors, hallways, elevators, entrances, parking, public
       transportation stops, social service offices, mail delivery, laundry
       rooms/facilities, trash disposal, playgrounds, child care centers,
       training centers and recreational centers, are accessible to
       individuals with disabilities.  In the alternative, the PHA may
       offer the program, service or activity, currently located in an
       inaccessible location, in an equivalent, alternate accessible
       location.


       Specifically, a PHA may comply with the requirements of 24 CFR §
       8.24 through such means as reassignment of services to accessible
       buildings, assignment of aides to beneficiaries, provision of
       housing or related services at alternate accessible sites,
       alteration of existing facilities and construction of new
       facilities, or any other methods that result in making its programs
       or activities readily accessible to and usable by individuals with
       disabilities.  In choosing among available methods, the PHA shall
       give priority to those methods that offer programs and activities to
       qualified individuals with disabilities in the most integrated
       setting appropriate.  See 24 CFR § 8.24 (b).

C.  Architectural Barriers Act (ABA) of 1968/24 CFR 40 – Major Provisions


      Accessibility Standards for Design, Construction and Alteration of
Publicly Owned
      Residential Structures (see 24 CFR § 40.4) - The Architectural
Barriers Act applies to
      certain buildings financed with Federal funds to ensure that they are
designed, constructed
      or altered so as to be accessible to persons with disabilities.  The
Act applies to buildings,
      other than a privately owned residential structure, which are (1)
constructed or altered by
      or on behalf of the United States; (2) leased in whole or in part by
the United States after
      August 12, 1968, if constructed or altered in accordance with plans
and specifications of
      the United States; or  (3) financed in whole or in part by a grant or
loan made by United
      States after August 12, 1968, if the structure is subject to
standards for design,
      construction, or alteration issued under authority of the law
authorizing such grant or loan.
      See 24 CFR § 40.2.


   The United States Access Board has issued updated guidelines for the
   Architectural Barriers Act, as well as the Americans with Disabilities
   Act.  These standards are the ADA/ABA Accessibility Guidelines.  While
   other Federal agencies have adopted these updated guidelines as their
   standards, at present HUD uses the Uniform Federal Accessibility
   Standards (UFAS).

      UFAS Notes:


        • Under the Architectural Barriers Act, four standard setting
          agencies—the General Services Administration, HUD, the Department
          of Defense, and
           the United States Postal Service (USPS) are responsible for
          development of
           the standards for Federal facilities.  UFAS is HUD’s current
          standard.  See
           Note in Section I.B.5.  The UFAS is available at
           http://www.access-  board.gov/ufas/ufas-html/ufas.htm.


        • Figure 47(a) in UFAS does not permit the water closet to encroach
          on the clear, unobstructed (see UFAS §3.5) floor space required to
          provide an unobstructed 60º turning circle.  See UFAS § 4.34.2(2).

        • UFAS includes a definition of structural impracticability that
          does not require changes if such changes would result in the
          removal or alteration of a load-bearing structural member and/or
          an increased cost of 50 percent or more of the value of the
          element of the building or facility.  See UFAS § 3.5.  This does
          not alleviate the recipient’s responsibility for making its
          programs and housing units accessible to persons with
          disabilities.  Recipients instead should look to HUD’s regulations
          for Section 504 at 24 CFR Part 8 in order to ensure compliance.


        • The exception for bathrooms found at Section 4.22.3 of UFAS is not
          applicable to dwelling unit bathrooms.

        • UFAS Section 4.34.2(15)(c) requires at least two bedrooms in
          dwelling units with two or more bedrooms to be accessible and
          located on an accessible route.  PHAs need to be mindful that new
          construction or substantial rehabilitation of multistory dwelling
          units must be in compliance with this requirement.  Further, the
          Department wishes to encourage designs that provide persons with
          disabilities access to all parts of their dwelling units, and
          therefore encourages PHAs to take advantages of the strategies
          outlined in the PIH guidebook, Strategies for Providing
          Accessibility and Visitability for Hope VI and Mixed Finance
          Homeownership.” This guidebook may be found at the following link:
          http://www.hud.gov/offices/pih/programs/ph/hope6/pubs/index.cfm.

    • Because UFAS does not fully address accessibility of units for persons
      with impaired hearing, for the 2 percent units that are required to be
      accessible for persons with hearing impairments, it is recommended
      that PHAs follow the July 2004 ADA/ABA Accessibility Guidelines,
      Section 809.5, Residential Dwelling Units with Communication Features.
       The ADA/ABA Accessibility Guidelines are available from the U.S.
      Access Board.  See http://www.access-board.gov/ada-aba/.  PHAs may
      also follow the 2003 edition of ICC/ANSI A117.1 Standard for
      Accessible and Usable Buildings and Facilities, Chapter 10, Section
      1005.  These Standards are available through the International Code
      Council, 500 New Jersey Avenue NW, Washington, DC 20001.  See also
      ICC’s Website at http://www.iccsafe.org.


      Note:  The U. S. Access Board issued new ADA and ABA Accessibility
      Guidelines in July 2004.  See the note about this on Page 4, Item B.5.

D.  Americans with Disabilities Act of 1990/28 CFR 35 for Title II (see
   www.ADA.gov) –

   1. Applicability.  Title II of the ADA prohibits discrimination on the
      basis of disability by public entities.  Public entity means any state
      or local government; or any department, agency, special purpose
      district or other instrumentality of a State or States or local
      government, including a PHA.  See 28 CFR §§ 35.102 and 35.104.


   2. Maintenance of Accessible Features.  A public entity shall maintain in
      operable working condition those features of facilities and equipment
      that are required to be readily accessible to and usable by persons
      with disabilities.  (see 28 CFR § 35.133).

   3. Non-discrimination.  A public entity shall operate each service,
      program or activity so that when viewed in its entirety, each service,
      program or activity is readily accessible to and usable by individuals
      with disabilities.  (see 28 CFR § 35.150).

   4. Design and Construction.  Each facility or part of a facility
      constructed by, on behalf of, or for the use of a public entity shall
      be designed and constructed in such a manner that the facility is
      readily accessible to and usable by individuals with disabilities, if
      the construction was commenced after January 26, 1992 (see 28 CFR §
      35.151(a)).

   5. Alterations.  Each facility or part of a facility altered by, on
      behalf of, or for the use of a public entity in a manner that effects
      or could effect the usability of the facility or part of the facility
      shall, to the maximum extent feasible, be altered in such a manner
      that the altered portion of the facility is readily accessible to and
      usable by individuals with disabilities if the alteration was
      commenced after January 26, 1992.  (see 28 CFR § 35.151(b)).


   6.  Accessibility standards.  Design, construction, or alteration of
      facilities in conformance with the UFAS or with the ADA Accessibility
      Standards (ADA Standards) shall be deemed to comply with requirements
      of 28 CFR § 35.151 except that the elevator exemption contained at §§
      4.1.3(5) and 4.1.6(1)(j) of the ADA Standards shall not apply.  (see
      28 CFR § 35.151(c)).


   7. Common Areas.   Section 504 and Title II of the ADA require that a PHA
      operate     each existing housing program or activity, including those
      receiving Federal financial assistance so that the program or
      activity, when viewed in its entirety, is readily accessible to and
      usable by individuals with disabilities.  See 24 CFR § 8.24(a) and 28
      CFR § 35.150 (a).  (Note:  The title II regulations at 28 CFR Part 35
      contain extensive requirements that apply to public entities,
      including PHAs, and should be reviewed in their entirety to ensure
      compliance with the ADA.).

      Therefore, the PHA must ensure that its common areas and public spaces
      serving its designated accessible units, including, but not limited
      to, community buildings, management offices, meeting rooms, corridors,
      hallways, elevators, entrances, parking, transportation stops, social
      service offices, mail delivery, laundry rooms/facilities, trash
      disposal, playgrounds, child care centers, training centers and
      recreational centers, are accessible to individuals with disabilities.
       In the alternative, the PHA may offer the program, service or
      activity, currently located in an inaccessible location, in an
      equivalent, alternate accessible location.

      Specifically, a PHA may comply with the requirements of 28 CFR §
      35.150(a) through such means as reassignment of services to accessible
      buildings, assignment of aides to beneficiaries, provision of housing
      or related services at alternate accessible sites, alteration of
      existing facilities and construction of new facilities, or any other
      methods that result in making its programs or activities readily
      accessible to and usable by individuals with disabilities.  In
      choosing among available methods, the PHA shall give priority to those
      methods that offer programs and activities to qualified individuals
      with disabilities in the most integrated setting appropriate.  (See 24
      CFR § 8.24 (b)).

E.  The Fair Housing Act/24 CFR Part 100
      [see http://www.usdoj.gov/crt/housing/title8.htm;
      see also
      http://www.access.gpo.gov/nara/cfr/waisidx_00/24cfr100_00.html]

   1. Illegal Inquiries (24 CFR § 100.202) – The Fair Housing Act makes it
      unlawful for a housing provider to:


      • Ask if an applicant for a dwelling has a disability or if a person
        intending to reside in a dwelling or anyone associated with an
        applicant or resident has a disability, or


      • Ask about the nature or severity of a disability of such persons.

       Housing providers may make the following inquiries, provided these
      inquiries are made of all applicants, regardless of whether the
      applicant appears to have a disability or says he or she has a
      disability;

      • An inquiry into an applicant’s ability to meet the requirements of
        tenancy;

      • An inquiry to determine if an applicant is involved in current,
        illegal use of drugs;

      • An inquiry to determine if an applicant qualifies for a dwelling
        legally available only to persons with a disability or to persons
        with a particular type of disability.  A PHA may inquire whether an
        applicant has a disability for determining if that person is
        eligible to live in mixed population (elderly/disabled) housing or
        housing designated for persons with disabilities;

      • An inquiry to determine if an applicant qualifies for housing that
        is legally available on a priority basis to persons with
        disabilities or to persons with a particular disability.  This
        means a PHA may ask applicants if they need units with accessible
        features, including units designed to be accessible for persons
        with hearing and/or visual impairments, or if they qualify for a
        housing choice voucher designated for persons with disabilities
        only.

      Verification of eligibility for PHA programs and benefits for persons
      with disabilities:  PHAs are required to verify that an applicant
      qualifies as a person with a disability before permitting them to move
      to housing designated for persons with disabilities, or granting the
      $400 rent calculation deduction, disability expense allowance, or
      deduction for unreimbursed medical expenses.  Applicants and residents
      cannot be compelled to reveal that they have a disability; however, if
      they do not, they may not receive any of the benefits that such status
      confers.  The wisest course is to ask all applicants whether they wish
      to claim disability status or need any special unit features or
      methods of communication for persons with disabilities.


        Note:  The PHA should explain the consequences of the disclosure of
        one’s disability as having possible benefits in rent calculation or
        an accessible unit, and required verification of disability prior
        to receipt of the particular benefit at issue.  The verification
        issue is discussed in greater detail in Chapter 4 of the Public
        Housing Occupancy Guidebook (June 2003).


        Verification of disability and need for requested reasonable
        accommodation(s):
        To verify that an applicant is a person with a disability, PHA
        staff can first check to see whether the applicant is under age 62
        and receives either Social Security Disability Income (SSDI) or
        Supplemental Security Income (SSI) income.  Receipt of such
        disability income is sufficient verification that an individual
        qualifies as a person with a disability. However, individuals with
        disabilities who do not receive SSI or SSDI may still qualify as a
        person with a disability under the statutory definitions of
        disability.  In these cases, the individual with a disability may
        need to provide supporting documentation.  (Note:  Refer to Chapter
        4 of the Public Housing Occupancy Guidebook (June 2003) for further
        information.)


      If a person requests a reasonable accomodation, then the PHA may need
      to verify that the person is a qualified individual with a disability
      and whether a requested accommodation is necessary to provide the
      individual with an equal opportunity to use or enjoy a dwelling unit,
      including the public and common areas.  In doing so, PHAs should only
      ask for information that is actually necessary to verify that the
      person has a disability and that there is a reasonable nexus between
      the individual’s disability and the requested accommodation(s).  PHAs
      are not permitted to inquire about the nature or severity of the
      person’s disability.  Further, PHA staff may never inquire about an
      individual’s specific diagnosis or details of treatment.  If a PHA
      receives documentation from a verification source that contains the
      individual’s specific diagnosis, information regarding the
      individual’s treatment and/or information regarding the nature or
      severity of the person’s disability, the PHA should immediately
      dispose of this confidential information; this information should
      never be maintained in the individual’s file.  If the information
      needs to disposed of, the PHA should note in the individual’s file
      that verification of a disability (as opposed to a specific
      disability), and special features required was received, the date
      received and the name and address of the person/organization that
      provided the verification.    Under no circumstances should a PHA
      request an applicant’s or resident’s medical records, nor should PHAs
      require that applicants or residents submit to physical examinations
      or medical tests such as TB testing or AIDS testing as a condition of
      occupancy.  For further information about verification of disability
      related to requests for reasonable accomodation, see HUD and the
      Department of Justice (DOJ) Joint Statement on Reasonable
      Accommodations under the Fair Housing Act (May 17, 2004).

        http://www.hud.gov/utilities/intercept.cfm?/offices/fheo/library/hud
        dojstatement.
        pdf


        Note:  It is a violation of Section 504 and the Fair Housing Act
        for a PHA to inquire whether an applicant or tenant is capable of
        “living independently.”  Courts have consistently held that this is
        not a legitimate inquiry to make of applicants or residents in HUD-
        assisted housing and PHAs should ensure that their screening
        materials do not include questions related to such an inquiry.




   2. Reasonable Modification to Existing Premises (see 24 CFR § 100.203) –
      Applies to private owners participating in housing choice voucher
      programs or other tenant-based programs, as well as to PHA owners of
      existing public housing units. (see Note below.)


      Under the Fair Housing Act, it is unlawful for an owner to refuse to
      permit a person with a disability, at their own expense, to make
      reasonable modifications of existing premises occupied or about to be
      occupied by a person with a disability if such modification may be
      necessary to afford the person with a disability full enjoyment of the
      premises.  Under certain circumstances the owner may require the
      tenant to pay into an escrow account funds necessary to restore the
      interior of the unit to its original condition if the modification
      would interfere with the owner or next resident’s full enjoyment of
      the premises (see regulation for further requirements and guidance.)
      An owner may require that a resident restore modifications to the
      interior of the unit.


                  Note:  PHAs must follow the more stringent reasonable
      accommodation requirements of 24 CFR §§ 8.4, 8.20, 8.24 and 8.33,
      which require PHAs to pay the cost of structural changes to facilities
      unless the PHA can accommodate the individual with a disability by
      equally effective means, or unless such structural changes would
      result in an undue financial and administrative burden (in such cases,
      the PHA must provide other alternative reasonable accommodation(s).)
      See also the discussion of reasonable accommodation under Section 504
      above.  For further information about the reasonable modifications
      provisions of the Fair Housing Act, see the HUD and DOJ Joint
      Statement on Reasonable Modifications Under the Fair Housing Act,
      issued May 5, 2008.  This statement is available at:
      http://www.hud.gov/officies/fheo/disabilities/reasonable_modifications_
      mar08.pdf.


   3.   Reasonable Accommodation (see 24 CFR § 100.204) - Applies to private
      owners participating in Housing Choice Voucher programs, PHAs and all
      housing providers that are recipients of Federal financial assistance.
       PHAs are also covered under Section 504.  (see Section I.B. above.)
      The Fair Housing Act makes it unlawful for any person to refuse to
      make reasonable accommodations in rules, policies, practices or
      services when such accommodations may be necessary to afford persons
      with disabilities equal opportunity to use and enjoy a dwelling unit,
      including public and common use areas (see regulation for further
      requirements and guidance).  See HUD and DOJ Joint Statement on
      Reasonable Accommodations under the Fair Housing Act (May 17, 2004).

      http://www.hud.gov/utilities/intercept.cfm?/offices/fheo/library/huddoj
      statement.pdf.


   4.   Design and Construction Requirements (see 24 CFR § 100.205) -
      applies to housing regardless of whether it receives Federal financial
      assistance. The Fair Housing Act requires that “covered multifamily
      dwellings” (see definition below) built for first occupancy after
      March 13, 1991, shall be designed and constructed so that:

     a. At least one building entrance is on an accessible route unless it
        is impractical due to terrain or unusual characteristics of the
        site [see 24 CFR § 100.205(a)],
     b. Public and common use areas are accessible [see 24 CFR §
        100.205(c)(1)],
     c. All doors into and within all premises are wide enough for passage
        by persons using wheelchairs [see 24 CFR § 100.205(c)(2),
     d. All premises within covered multifamily dwelling units contain the
        following features of adaptable design:

        i) An accessible route into and through the dwelling unit
             [see 24 CFR § 100.205(c)(3)(i)]
        i) Light switches, electrical outlets, thermostats and other
           environmental controls,  are in accessible locations
               [see 24 CFR § 100.205(c)(3)(ii)]
        i) Reinforcements in bathroom walls for later installation of grab
           bars
                         [see 24 CFR § 100.205(c)(3)(iii)]
       ii)  Usable kitchens and bathrooms for people using wheelchairs
                          [see 24 CFR § 100.205(c)(3)(iv)]


      The Act defines covered multifamily dwelling as:

     A) buildings consisting of 4 or more units if such buildings have one
        or more elevators; and
     B) ground floor units in other buildings consisting of 4 or more
        units.

      In most cases, multistory dwelling units are not covered by the Fair
      Housing Act’s design and construction requirements.  There are two
      exceptions:  (1) If an interior elevator provides access within an
      individual multistory dwelling unit, that unit is covered, and all
      floors of the multistory unit must meet the Fair Housing Act’s design
      and construction requirements; and (2) If a multistory townhouse is
      located in a building that has one or more public elevators, the
      primary entrance level of the multistory townhouse must be the story
      served by the elevator, and that story must comply with the Fair
      Housing Act requirements, including providing an accessible bathroom
      or powder room on that story.


      On March 6, 1991, the Department published Fair Housing Accessibility
      Guidelines to give the building industry a safe harbor for compliance
      with the accessibility requirements of the Act.  See 56 Federal
      Register 9472-9515, March 6, 1991.  [see
      http://www.hud.gov/offices/fheo/disabilities/fhefhag.cfm.]  These
      Guidelines were supplemented by the following notice, “Supplement to
      Notice of Fair Housing Accessibility Guidelines:  Questions and
      Answers About the Guidelines”, published in the Federal Register on
      June 28, 1994 (59 Federal Register 33362-33368, June 28, 1994).  These
      Guidelines and the Supplemental Notice apply ONLY with respect to the
      accessibility requirements of the Fair Housing Act.


      Following reviews of certain building code documents and three
      subsequent editions of the ANSI A117.1 standard, the Department
      currently recognizes ten documents as providing a safe harbor for
      meeting the accessibility requirements of the Fair Housing Act.  NOTE:
        Once again, these safe harbors only apply to the Fair Housing Act.
      They do not apply to the accessibility requirements mandated under
      Section 504 of the Rehabilitation Act for HUD-assisted housing.  The
      ten safe harbors are:


     1. HUD’s March 6, 1991 Fair Housing Accessibility Guidelines (the
        Guidelines) and the June 28, 1994 Supplemental Notice to Fair
        Housing Accessibility Guidelines: Questions and Answers About the
        Guidelines;


     2. ANSI A117.1-1986 – Accessible and Usable Buildings and Facilities,
        used in conjunction with the Act, HUD’s regulations and the
        Guidelines;


     3. CABO/ANSI A117.1-1992 – Accessible and Usable Buildings and
        Facilities, used in conjunction with the Act, HUD’s regulations,
        and the Guidelines;


     4. ICC/ANSI A117.1-1998 - Accessible and Usable Buildings and
        Facilities, used in conjunction with the Act, HUD’s regulations,
        and the Guidelines;


     5. HUD’s Fair Housing Act Design Manual;


     6. Code Requirements for Housing Accessibility 2000 (CRHA), approved
        and published by the International Code Council (ICC), October
        2000;


     7. International Building Code (IBC) 2000, as amended by the IBC 2001
        Supplement to the International Codes; and


     8. 2003 International Building Code (IBC), with one condition.
        Effective     February 28, 2005 HUD determined that the IBC 2003 is
        a safe harbor, conditioned upon ICC publishing and distributing a
        statement to jurisdictions and past and future purchasers of the
        2003 IBC stating, “ICC interprets Section 1104.1, and specifically,
        the Exception to Section 1104.1, to be read together with Section
        1107.4, and that the Code requires an accessible pedestrian route
        from site arrival points to accessible building entrances, unless
        site impracticality applies.  Exception 1 to Section 1107.4 is not
        applicable to site arrival points for any Type B dwelling units
        because site impracticality is addressed under Section 1107.7.”


     9. ICC/ANSI A117.1-2003 – Accessible and Usable Buildings and
        Facilities, used in conjunction with the Act, HUD’s regulations and
        the Guidelines; and


    10. 2006 International Building Code, with a January 31, 2007, erratum
        to correct the text missing from Section 1107.7.5 and interpreted
        in accordance with the relevant 2006 IBC Commentary.

      Note:  It should be noted that the ANSI A117.1 standard contains only
      technical criteria, whereas the Fair Housing Act, HUD’s regulations,
      and the Guidelines contain both scoping and technical criteria.
      Therefore, in using any of the ANSI standards, it is necessary to also
      consult the Fair Housing Act, HUD’s regulations, and the Guidelines
      for the scoping requirements.  The CRHA and the IBC contain both
      scoping and technical criteria and are written in building code
      language.


      In many cases, properties constructed with Federal financial
      assistance from HUD must meet both Section 504 new construction
      requirements applicable to PHAs at 24 CFR § 8.22 and the Fair Housing
      Act design and construction requirements.  For example:


      • A new construction project consisting of a building with a central
        public elevator is constructed with Federal financial assistance
        from HUD is required to have 100 percent of the dwelling units meet
        the Fair Housing Act design and construction requirements (see 24
        CFR 100.205), and of this 100 percent, 5 percent, or at least one
        unit, whichever is greater, is also required to comply with the
        stricter accessibility requirements of Section 504 and 24 CFR 8.22.
          In addition, Section 504 requires that an additional 2 percent of
        the units, or at least one unit, whichever is greater, be made
        accessible for persons with visual or hearing impairments.  See 24
        CFR § 8.22 (b).


      • In a newly-constructed 100-unit two-story walk-up apartment
        building with no elevator that is constructed with Federal
        financial assistance, Section 504 requires a total of five
        accessible units for persons with mobility disabilities (5 percent
        of 100 units = 5 accessible units).  Further, these 5 units must be
        located on the ground floor, and be built to comply with the
        Section 504 accessibility requirements at 24 CFR §§ 8.22 and 8.32.
        In addition, if half of the 100 units are on the ground floor, all
        50 of these ground floor units must comply with the Fair Housing
        Act’s design and construction requirements.  In addition, Section
        504 requires that an additional 2 percent of the units must be
        accessible for persons with vision or hearing impairments.  See 24
        CFR § 8.22 (b). These units can be located on either floor.


      Note:  Section 504 requires that an additional 2 percent of the units
      must be accessible for persons with vision or hearing impairments.
      These units can be located on either floor of the two-story walk-up,
      non-elevator building.  See 24 CFR § 8.22 (b).


      • A development consisting entirely of attached multistory dwelling
        units is not a covered multifamily dwelling for purposes of the
        Fair Housing Act’s design and construction requirements at 24 CFR §
        100.205.  However, if any of the multistory dwelling units has an
        internal elevator, that dwelling unit and any public and common use
        spaces would be required to be accessible under the Fair Housing
        Act.  On the other hand, a development of four or more single-
        story, attached dwelling units would be covered by the Fair Housing
        Act’s accessibility requirements.  In addition, if the development
        receives Federal financial assistance from HUD, Section 504
        requires that 5 percent of the multistory units, or at least one
        unit, whichever is greater, be accessible for persons with mobility
        disabilities and an additional 2 percent of the units, or at least
        one unit, whichever is greater, be accessible for persons with
        hearing or vision impairments.  See 24 CFR § 8.22.   For those
        units required to be accessible for persons with mobility
        disabilities, this may be accomplished by making 5 percent of the
        multistory units accessible or by building 5 percent of the
        development as single-story accessible units.

F.  Universal Design

Universal Design is a design concept that encourages the construction or
rehabilitation of housing and elements of the living environment in a
manner that makes them usable by all people, regardless of ability, without
the need for adaptation or specialized design.  The intent of universal
design is to simplify life for everyone by making products and the building
environment more usable to as many people as possible at little or no extra
cost.  Universal design should strive for social integration and avoidance
of discrimination, stigma, and dependence.  By designing housing that is
accessible to all there will be an increase in the availability of
affordable housing for all, regardless of age or ability.   See
http://www.design.ncsu.edu/cud.


Note:  Universal Design concepts do not typically reach all of the
requirements of accessibility laws like Section 504 and the Fair Housing
Act, therefore, care must be taken to ensure that the requirements of all
applicable laws are met in projects promoting universal design.


                 II. PROGRAM Specific Compliance/Activities



 A.  Housing Choice Voucher Program

      [see Notice PIH 2005-05 and subsequent reinstatements by Notice PIH
      2006-21 and PIH Letter L-2007-1:  New Freedom Initiative, Executive
      Order 13217:  “Community-Based Alternatives for Individuals with
      Disabilities,” and the Housing Choice Voucher Program.]

   1. PHAs may give preference in admission to applicants with disabilities
      based on local needs and priorities.  However, the PHA may not give a
      preference for admission of persons with a specific disability.  See
      24 CFR § 982.207(b)(3).

   2. A person with disabilities may choose a suitable unit from among units
      available for rent in the local rental market.

      A PHA has the discretion to approve exception payments standards up to
      110 percent of the Fair Market Rent when requested as a reasonable
      accommodation.  See 24 CFR § 982.505(d).  The HUD field office may
      approve an exception payment standard amount within the upper range
      (between 110-120% of the Fair Market Rent) if required as a reasonable
      accommodation for a family that includes a person with disabilities.
      Any exceptions to the payment standards would be granted as a
      reasonable accommodation after the family with a person with
      disabilities locates a unit if needed as a reasonable accommodation.
      See 24 CFR § 982.503(c)(2)(ii) and 24 CFR § 8.28(a)(5).  Requests for
      exception rents above 120% that are needed as a reasonable
      accommodation for  a person with a disability to allow the person to
      rent an appropriate unit must be submitted to HUD headquarters for
      regulatory waiver and approval.

   3. A PHA may approve the leasing of a unit from a relative to provide
      reasonable accommodation for persons with disabilities.  See 24 CFR §
      982.306(d) also see
      http://www.hud.gov/offices/pih/publications/notices/09/pih2009-22.pdf
      for additional guidance on live-in aides.

   4. Owners of private rental units leased with voucher assistance must
      make reasonable accommodations in rules, policies, practices or
      services if necessary for a person with disabilities to use the
      housing and must allow the person with a disability to make reasonable
      modifications in accordance with 24 CFR § 100.203.  See also 24 CFR §
      100.204 (a).


B.  Section 8/Homeownership Option  24 CFR § 982.625 – thru § 982.643


   1. A disabled family meets the first-time homeowner requirement even if
      the family owned a home within the last three years if use of the
      homeownership option is needed as a reasonable accommodation so that
      the housing choice voucher program is readily accessible to and usable
      by the family member with a disability.  See 24 CFR § 982.627 (b)(3

   2. The PHA must count welfare assistance for a disabled family in
      determining whether the family meets the minimum annual income used to
      determine if a family member qualifies for commencement of home
      ownership assistance.  See 24 CFR § 982.627(c)(2)(i).

   3. The full-time employment eligibility requirement does not apply to a
      family with a disability.  See 24 CFR§ 982.627(d)(3).

   4. The limit on the length of time a family may receive homeownership
      assistance does not apply to families with disabilities.  See 24 CFR§
      982.634(c).

5. Covered homeownership expenses may include principal and interest on
   mortgage
         debt incurred by the family to finance the cost of making the home
   accessible for a
         family member with a disability if the PHA determines the allowance
   of such costs is
         needed as a reasonable accommodation.  See 24 CFR §
   982.635(c)(vii).


C.  Project-based Voucher Program


   1. PHAs, at their discretion, may choose to use up to 20 percent of their
      tenant-based assistance for project-based subsidies to encourage the
      development of projects for persons with disabilities.

   2. Under the new law governing project-based assistance, only 25 percent
      of the units in a project may be subsidized.   However, the law allows
      an exception for units for families with disabilities, elderly
      families and for families who receive supportive services.

      NOTE:  24 CFR § 983.251(d) states that PHAs may give preference to
      disabled families who need services offered at a particular project in
      accordance with certain limits.  Limits include:  families with
      disabilities that significantly interfere with the ability to obtain
      and maintain themselves in housing; families who, without appropriate
      supportive services, will not be able to obtain or maintain themselves
      in housing; and for families whom such services cannot be provided in
      a non-segregated setting.  Disabled persons cannot be required to
      accept the particular services offered in a project.  In advertising
      the project, the owner may advertise the project as offering services
      for a particular type of disability; however, the project must be open
      to all otherwise eligible persons with disabilities who may benefit
      from the services provided in the project.



D.  Capital Fund Program


      Planning.  Regulations governing the Capital Fund at 24 CFR 968
      require compliance with statutory and regulatory requirements
      prohibiting discrimination against persons with disabilities.  PHAs
      must ensure that all work is in compliance with these requirements in
      conducting Capital Fund activities.

     a. Substantial Alterations.  The requirements for new construction at
                  24 CFR § 8.22(a) and (b) are applicable for all units
that are substantially
                  altered.  [see definition of substantial alteration at 24
CFR § 8.23(a)].

     b. Other Alterations.  If alterations are not substantial, then PHAs
        are required to provide accessible units up to 5 percent of the
        units in the development or replace the elements being modernized
        with accessible elements in all units of the project.   PHAs should
        provide an additional 2 percent of the units for persons with
        hearing or vision impairments.  See 24 CFR § 8.23 (b).


     c. Reasonable Accommodations.  PHAs should include in their
        projections of
            modernization needs amounts to cover known and projected
alterations to
            units and facilities to address reasonable accommodation
        requests on a case-by-case basis.


      d.    Residents/Advocacy Consultation.  PHAs are encouraged to ensure
        that, at least yearly, residents with disabilities and advocates
        for persons with disabilities have an opportunity to provide input
        on modernization plans and activities.


      The housing needs of persons with disabilities, accessible units and
      compliance
      with Section 504, the ADA, and the FHA are required to be addressed in
      accordance with 24 CFR § 903.7.  Also, see 24 CFR Part 903 for
      additional related requirements.

      Note:  Modernization activities covered by statutory civil rights
      requirements such as Section 504, the ABA, the FHA and the ADA take
      precedence over non-emergency modernization activities.




E.  HOPE VI


   1. HOPE VI  Notice of Funding Availability (NOFA) Accessibility
      Requirements.
          The design of proposed new construction and/or rehabilitation of
      housing must
          conform to the civil rights statutes and regulations delineated
      in each Grantee’s
          Grant Agreement.


   2. Accessible For-Sale Units.  The HOPE VI Program encourages PHAs to
      include 5 percent of for-sale units accessible for persons with
      mobility impairments and 2 percent for persons with hearing and vision
      impairments.

   3. Visitability.  The HOPE VI Program strongly encourages making as many
      “visitable” units as possible.  Visibility standards recommended by
      HUD apply to units that
      are not otherwise covered by accessibility requirements.  The elements
      of visitability are also described in the Glossary of HOPE VI terms,
      which are posted to the HOPE VI website.  See
      http://www.hud.gov/hopevi.

   2. Advocacy Consultation/Participation.  The HOPE VI Program encourages
      PHAs to work with local advocacy groups that represent persons with
      disabilities, the elderly and other special needs populations in
      developing HOPE VI plans.

   3. Relocation Units.  HOPE VI funds can be used to modify units to be
      occupied by families in the Housing Choice Voucher Program to make
      them accessible for residents with disabilities.  The Department has
      determined that the costs of accessibility modification in rental
      units which are necessary for persons with disabilities who receive
      tenant-based relocation assistance under the voucher program in
      connection with a HOPE VI project are eligible HOPE VI expenditures.
      The method of implementation is to be determined by each individual
      locality.

   4. Homeownership Design Handbook.  To order a copy of strategies for
      providing      accessibility and visitability for HOPE VI and mixed
      finance homeownership, go to the publications and resources page of
      the HOPE VI website at
      http://www.hud.gov/offices/pih/programs/ph/hope6/pubs/index.cfm.


   5. Designated Housing Plans.  All allocation plan applications for
      designated housing are now published on HUD’s web site at
      www.hud.gov/pih.

   8.  Single People with Disabilities.  The HOPE VI program encourages 1
      bedroom
        units for single people with disabilities.


   9.  Accessible Townhouse Design.  In addition to the designs already
      available and in
        use, HOPE VI will continue to explore design alternatives for
   townhouse dwellings.


F.  Choice Neighborhood Program



      1.  Choice Neighborhood Notice of Funding Availability (NOFA)
Accessibility
     Requirements.  Must meet all applicable accessibility standards.


G.  Admission/Occupancy


   1. Application Process.  PHAs must ensure that all employees who are
      involved in the application process understand how to conduct tenant
      selection and screening without discriminating on the basis of any
      protected class, in particular applicants with disabilities.  All
      application offices must be accessible.  The PHA must provide
      accessible materials for persons with sight and hearing impairments
      and otherwise provide effective communication, upon request.  See 24
      CFR § 8.6 and § 8.54(c).  A PHA must make special arrangements to take
      the application of persons who are unable to come to the PHA’s offices
      because of a disability.  At the initial point of contact with each
      applicant, the PHA must inform all applicants of alternative forms of
      communication.  See 24 CFR § 8.6.


   2. Effective Communication/Provision of Auxiliary Aids & Services:


      The PHA shall provide appropriate auxiliary aids and services, where
      necessary, to afford an individual with disabilities an equal
      opportunity to participate in the PHA’s programs, services and
      activities.  In determining what auxiliary aids are appropriate, the
      PHA shall give primary consideration to the request(s) of the
      individual with disabilities unless doing so would result in a
      fundamental alteration of the PHA’s programs or in undue financial and
      administrative burden.  If an action would result in such an
      alteration or burdens, the PHA shall take any other action up to the
      point that would not result in such an alteration or such burdens but
      would nevertheless ensure that, to the maximum extent possible,
      individuals with disabilities receive the benefits and services of the
      PHA’s program or activity.


      The PHA is not required to provide individually prescribed devices,
      readers for personal use or study, or other devices of a personal
      nature.  See 24 CFR § 8.6, 28 CFR §§ 35.160 and 35.161.


      When the PHA has initial contact with the applicant, resident, or
      member of the public, the PHA staff should ask whether the applicant,
      resident, or member of the public requires an alternate form of
      communication.  Examples of alternative forms of communication might
      include, but are not limited to:  the provision of a qualified sign
      language interpreter; having written materials explained orally by
      staff either in person or by telephone; provision of written materials
      in large/bold font; information on audiocassette; permitting
      applicants to file applications by mail; and permitting alternative
      sites for the receipt of applications.


      In addition, the PHA may never require the applicant to provide, or
      pay for, his/her own sign language interpreter.  Rather, it is always
      the PHA’s responsibility to provide, upon request, a qualified sign
      language interpreter.  However, the PHA’s responsibility to provide a
      qualified sign language interpreter does not preclude an individual’s
      right to have a friend, relative or advocate accompany him/her for
      purposes of conducting business with the PHA.

   3. Live-in-Aides.  In some cases, individuals with disabilities may
      require a
      live-in-aide.  A PHA should consider a person a live-in-aide if the
      person: (1) is determined to be essential to the care and well being
      of a family
            member with a disability; (2) is not obligated to support the
family member; and
            (3) would not be living in the unit except to provide the
supportive services.  A
            live-in-aide should not be required to share a bedroom with
another member of
            the household.  See 24 CFR §§ 966.4(d)(3) and 982.316,
982.402(b).

   4.  Verification.  The PHA may verify a person’s disability only to the
extent
      necessary to ensure that applicants are qualified for the housing for
      which they are
      applying; that applicants are qualified for deductions used in
      determining adjusted
      income; that applicants are entitled to any preference they may claim;
      and that
      applicants who have requested a reasonable accommodation have a need
      for the
      requested accommodation.  A PHA may not require applicants to provide
      access
      to confidential medical records in order to verify a disability nor
      may a PHA
      require specific details as to the disability.  A PHA may require
      documentation of the manifestation of the disability that causes a
      need for a specific reasonable accommodation or accessible unit.  A
      PHA may not seek the individual’s specific diagnosis, nor may the PHA
      seek information regarding the nature, severity or effects of the
      individual’s disability.

       5.  Vacant Accessible Units.  In order to maximize the use of
      accessible features of the unit, if an appropriate size accessible
      unit is not available, a PHA may consider over-housing an applicant
      with a disability who needs an accessible unit.  See 24 CFR § 8.27.
      If there is not an eligible, qualified resident or applicant with
      disabilities on the waiting list who wishes to reside in the
      available, accessible or adaptable unit, then the PHA may offer the
      unit to an applicant on the waiting list or another resident who does
      not need the accessible features of the unit.  See 24 CFR § 8.27.
      However, the PHA may require the applicant or resident to execute a
      Lease/Lease Addendum that requires the resident to relocate at the
      PHAs expense to a vacant, non-accessible unit within thirty (30) days
      of notice by the PHA that there is an eligible applicant or existing
      resident with disabilities who requires the accessibility features of
      the unit.   See discussion in Section  I.B(8).


      In addition, the PHA should maintain an adequate pool of eligible
     applicants with disabilities who require accessible or adaptable units
     so that when such a unit becomes available, there is an eligible
     applicant with disabilities ready and willing to rent the unit.  See 24
     CFR § 8.27.  The PHA should also conduct outreach activities for income-
     eligible persons with disabilities.  The outreach activities may
     include, but are not limited to publicity/advertising in local print
     media, contacts with advocacy groups representing persons with
     disabilities and other entities that come into contact with persons
     with disabilities such as social service agencies, medical providers,
     etc.

     Reminder – As noted previously in Section I.B.8 – “Occupancy of
     Accessible Dwelling Units” – Section 504 requires that accessible units
     must be offered first to a current PHA resident in need of the
     accessible features of the available accessible unit and second to a
     qualified applicant with a disability on the PHA’s waiting list who
     requires the accessibility features of the vacant, accessible unit.
     See 24 CFR § 8.27.

  6.  Screening/Reasonable Accommodations.  Many applicants with
    disabilities will pass screening, will not need a reasonable
    accommodation, will not need special accessibility features, and will
    be admitted in exactly the same manner as applicants without
    disabilities.  Applicants who fail screening will receive a rejection
    letter.  This letter must provide all applicants with information
    concerning the PHA’s informal review process and their right to request
    a hearing.  The letter must also state that applicants with
    disabilities have the right to request reasonable accommodations to
    participate in the informal hearing process.  The PHA is obligated to
    provide such reasonable accommodation unless doing so would result in a
    fundamental alteration in the nature of the PHA’s program.


     If requested by the applicant, a PHA must consider verifiable
     mitigating circumstances that explain and/or overcome any prior
     misconduct related to a previous tenancy.  If a reasonable
     accommodation would allow an applicant with a disability to meet the
     eligibility requirements for housing, a housing provider must provide
     the requested accommodation.


     A reasonable accommodation allows the applicant with a disability to
     meet essential requirements of tenancy; it does not require the PHA to
     reduce or waive essential eligibility or residency requirements.
     Examples of reasonable accommodations include, but are not limited to:
     physical alteration of units; making services and programs currently
     located in an inaccessible location in an alternate, accessible
     location; and revising the PHA’s policies and procedures.  The PHA
     should focus on finding a reasonable accommodation that will permit the
     applicant with a disability to comply with the essential obligations of
     tenancy.  A PHA is not required to excuse the applicant from meeting
     those requirements.  The PHA should provide all applicants with
     information regarding the PHA’s Reasonable Accommodation Policy and
     Procedures at the time they apply for admission and at every annual re-
     certification.  Each PHA must have a reasonable accommodation policy.
     The PHA’s responsibility to provide reasonable accommodations for
     applicants and residents is present at all times, including during
     lease enforcement.  See discussion in Section I.B.(7).


  7.   Unit Size.  In public housing, a family with a disability may need a
      unit that is larger than the PHA’s permitted occupancy standards.  It
      is unlawful to fail to provide a reasonable accommodation which denies
      such a family the opportunity to apply for and obtain a larger unit if
      the disability of the family member requires this type of
      accommodation.

  8.  Unit Location.  In public housing, a family applying for a unit or
     requesting a transfer may need a first floor unit due to a disability.


     Note:  Persons with disabilities cannot be required to occupy first
     floor units in elevator buildings, or in non-elevator buildings if the
     person is able to and wishes to use stairs.


  9.  Pets:  Regular PHA pet policies do not apply to animals that are used
     to assist persons with disabilities and are necessary as a reasonable
     accommodation.  [An “assistance animal” is an animal that is needed as
     a reasonable accommodation for persons with disabilities.  An
     assistance animal is not considered a “pet” and thus, is not subject
     to the PHA’s pet policy.  Assistance animals are animals that work,
     provide assistance, perform tasks for the benefit of a person with a
     disability or provide emotional support that alleviates one or more
     identified symptoms or effects of a person’s disability.]  See
     regulation published on October 27, 2009, 24 CFR Part V, Pet Ownership
     for the Elderly and Persons with Disabilities, Final Rule.

     A PHA may not refuse to allow a person with a disability to have an
     assistance animal merely because the animal does not have formal
     training.  Some, but not all animals that assist persons with
     disabilities are professionally trained.  Other assistance animals are
     trained by the owners and, in some cases, no special training is
     required.  The question is whether or not the animal performs the
     assistance or provides the benefit needed by the person with a
     disability.

     Assistance animals are exempt from a PHA’s “pet” restrictions or a
     PHA’s policy requiring pet deposits or monthly pet fees.  However, all
     reasonable lease provisions relating to health and safety apply to
     assistance/service animals such as maintaining the premises in a clean
     and sanitary condition and ensuring that neighbors enjoy their
     premises in a safe and peaceful manner.


H. Visitability


   1. Visitability Concept. Although not a requirement, it is recommended
      that all
            design, construction and alterations incorporate, whenever
practical and economical,
            the concept of visitability in addition to the requirements
under Section 504, the
            Architectural Barriers Act, Title II of the Americans with
Disabilities Act and the Fair
            Housing Act.


         Visitability is a design concept, for very little or no additional
      cost, that enhances
            the ability of persons with disabilities to interact with their
neighbors, friends and
      associates in the community. See
      www.huduser.org/publications/pubasst/strategies.html.

   2. Design Considerations.  Visitability design incorporates the following
      in all new
         construction or alterations, in addition to other requirements
      mandated by the accessibility laws discussed in this Notice, whenever
      practical, for as many units as possible within a development:

     a. Provide at least one entrance grade (no steps) approached by an
        accessible route such as a sidewalk; and
     b. Provide an entrance door, and all interior passage doors, that are
        at least 2 feet 10 inches wide allowing 32 inches of clear passage
        space.


   3. Benefits of Visitability.  Visitability also expands the availability
      of housing
            options for individuals who may not require full accessibility.
 It will assist PHAs
            in making reasonable accommodations and reduce, in some cases,
the need for
            transfers when individuals become disabled in place.
Visitability will also
            improve the marketability of units.

I.  Accessibility Funding Sources

   PHA Capital Fund, PHA operating budgets, PHA operating reserves, PHA
   Housing Choice Voucher administrative fees and administrative fee
   reserves, State or local Community Development Block Grant funds, State
   and local HOME Program funds, Corporate donations, non-profit
   contributions from organizations such as Rotary Clubs, Lions Clubs,
   sororities/fraternities, etc., subject to applicable program
   requirements.

   For further information about this Notice, contact the nearest HUD Office
of Public Housing within your State.  Locations of these offices are
available on HUD’s website at http://www.hud.gov/.



                                             /s/
                            Sandra B. Henriquez, Assistant Secretary for
                               Public and Indian Housing

-----------------------
      [1]   29 U.S.C. § 794; 24 CFR Part 8
      [2]   42 U.S.C. §§ 12101 et seq.; 28 CFR Part 35

Source: Legislative text reproduced verbatim
Plain English

PIH Notice 2010-26 consolidates and restates the non-discrimination and accessibility obligations that apply to public housing agencies (PHAs) and other recipients of federal funds administered through HUD's Office of Public and Indian Housing. Under this notice, covered entities must comply with a layered set of federal laws—including Section 504 of the Rehabilitation Act, Title II of the ADA, the Architectural Barriers Act, and the Fair Housing Act—each of which imposes distinct requirements for accessible design, reasonable accommodations, program accessibility, and non-discriminatory admissions. Where these laws overlap, the most stringent standard governs. The notice does not create new law but serves as a comprehensive compliance reference, directing recipients to the underlying regulations at 24 CFR Part 8, 28 CFR Part 35, and 24 CFR Part 100 for full requirements.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under HUD's public housing or Housing Choice Voucher programs should treat PIH Notice 2010-26 as a compliance checklist spanning construction, admissions, and ongoing operations. Compliant operators typically maintain current self-evaluations and transition plans as required under 24 CFR § 8.51, ensure that at least 5 percent of units are accessible for persons with mobility impairments and an additional 2 percent for persons with hearing or vision impairments per 24 CFR § 8.22, and follow the priority-order occupancy sequence for accessible units set out in 24 CFR § 8.27. Operators also generally maintain written reasonable accommodation policies, provide auxiliary aids and effective communication upon request, and ensure that assistance animals are not treated as pets subject to standard pet restrictions.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants and applicants with disabilities in HUD-assisted housing have a range of rights described in PIH Notice 2010-26, including the right to request reasonable accommodations in rules, policies, or physical features of a unit without being required to disclose a specific diagnosis or submit to medical testing. Under 24 CFR § 8.27, accessible units must be offered first to current residents who need their features, and PHAs are generally required to cover moving costs when transferring a resident to an accessible unit as an accommodation. Tenants who believe a PHA or participating owner is not meeting these obligations may raise the issue with HUD's Office of Fair Housing and Equal Opportunity, contact a local tenant-rights or disability-advocacy organization, or consult an attorney familiar with Section 504, the ADA, or the Fair Housing Act to understand available enforcement paths.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 574.605
§ 574.605 Applicability of uniform administrative requirements, cost principles, and audit requirements for Federal awards.
§ 574.625
§ 574.625 Conflict of interest.
§ 574.645
§ 574.645 Coastal barriers.

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