Section 504 (Rehabilitation Act)
Federal statute (29 U.S.C. § 794) prohibiting discrimination against persons with disabilities in programs receiving federal financial assistance — including federally assisted housing. Requires recipients to make housing programs accessible and provide reasonable accommodations and modifications.
Also known as: Section 504, Rehab Act § 504, 29 USC 794
Definition
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) is a federal civil rights statute that prohibits discrimination against individuals with disabilities by recipients of federal financial assistance, including public housing authorities and owners of federally assisted housing.
Statutory Text
29 U.S.C. § 794(a) provides: "No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance..."
HUD Implementing Regulations
24 CFR Part 8 contains HUD's Section 504 regulations for federally assisted housing programs, requiring:
- Program accessibility: Programs must be operated so that each program, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities (§ 8.24)
- Reasonable accommodations: Housing providers must provide reasonable accommodations in rules, policies, or services (§ 8.33)
- Reasonable modifications: Structural changes to units or common areas must be permitted (§ 8.33)
- New construction standards: All new construction of covered housing must comply with the Uniform Federal Accessibility Standards (UFAS) or the ADA Standards (§ 8.22)
Distinction from FHA and ADA
- FHA (42 U.S.C. § 3604): Applies to all housing regardless of federal funding; reasonable modifications are at the tenant's expense unless the landlord receives federal financial assistance
- Section 504: Applies only to federally assisted programs; recipients bear the cost of reasonable modifications and accommodations
- ADA (42 U.S.C. § 12182): Applies to places of public accommodation and state/local government programs, not directly to residential housing
Sources
- 29 U.S.C. § 794, Cornell LII —
cornell-lii - 24 CFR Part 8, eCFR —
ecfr - HUD.gov: Section 504 —
hud-gov
Frequently asked questions
Statutory Text
U.S.C. § 794(a) provides: "No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance..."
HUD Implementing Regulations
CFR Part 8 contains HUD's Section 504 regulations for federally assisted housing programs, requiring: Program accessibility: Programs must be operated so that each program, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities (§ 8.24) Reasonable accommodations: Housing providers must provide reasonable accommodations in rules, policies, or services (§ 8.33) Reasonable modifications: Structural changes to units or common areas must be permitted (§ 8.33) New construction standards: All new construction of covered housing must comply with the Uniform Federal Accessibility Standards (UFAS) or the ADA Standards (§ 8.22)
Distinction from FHA and ADA
FHA (42 U.S.C. § 3604): Applies to all housing regardless of federal funding; reasonable modifications are at the tenant's expense unless the landlord receives federal financial assistance Section 504: Applies only to federally assisted programs; recipients bear the cost of reasonable modifications and accommodations ADA (42 U.S.C. § 12182): Applies to places of public accommodation and state/local government programs, not directly to residential housing
Sources
U.S.C. § 794, Cornell LII — cornell-lii CFR Part 8, eCFR — ecfr HUD.gov: Section 504 — hud-gov