24 C.F.R. § 8.22
§ 8.22 New construction—housing facilities. (24 CFR Part 8)
Operative Text
(a) New multifamily housing projects (including public housing and Indian housing projects as required by § 8.25) shall be designed and constructed to be readily accessible to and usable by individuals with handicaps. (b) Subject to paragraph (c) of this section, a minimum of five percent of the total dwelling units or at least one unit in a multifamily housing project, whichever is greater, shall be made accessible for persons with mobility impairments. A unit that is on an accessible route and is adaptable and otherwise in compliance with the standards set forth in § 8.32 is accessible for purposes of this section. An additional two percent of the units (but not less than one unit) in such a project shall be accessible for persons with hearing or vision impairments. (c) HUD may prescribe a higher percentage or number than that prescribed in paragraph (b) of this section for any area upon request therefor by any affected recipient or by any State or local government or agency thereof based upon demonstration to the reasonable satisfaction of HUD of a need for a higher percentage or number, based on census data or other available current data (including a currently effective Housing Assistance Plan or Comprehensive Homeless Assistance Plan), or in response to evidence of a need for a higher percentage or number received in any other manner. In reviewing such request or otherwise assessing the existence of such needs, HUD shall take into account the expected needs of eligible persons with and without handicaps.
Under 24 CFR Part 8 § 8.22, newly constructed multifamily housing projects must be designed and built so that people with disabilities can readily access and use them. At minimum, five percent of all units (or at least one unit, whichever is greater) must be accessible for people with mobility impairments, and an additional two percent (but no fewer than one unit) must be accessible for people with hearing or vision impairments. HUD retains authority to require a higher percentage of accessible units in a given area if sufficient need is demonstrated through census data or other current evidence.
Plain English — not legal advice.
Developers and property managers working on new multifamily projects covered by 24 CFR Part 8 § 8.22 generally ensure that accessibility is built into the design phase from the outset, rather than treated as an afterthought. Compliant operators typically track the total unit count carefully to confirm that the five-percent mobility-accessible threshold and the two-percent hearing/vision-accessible threshold are both met, and that all such units satisfy the technical standards referenced in § 8.32. It is also worth noting that HUD can mandate a higher percentage of accessible units for specific areas, so operators working in jurisdictions where such a request has been made or granted should verify the applicable local requirement before finalizing plans.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Individuals with disabilities who are seeking housing in newly constructed multifamily developments have federally established rights under 24 CFR Part 8 § 8.22 to a minimum supply of accessible units within those projects. If a new development appears to fall short of the required percentages—five percent for mobility impairments and two percent for hearing or vision impairments—tenants and applicants can raise this as a potential violation by filing a complaint with HUD's Office of Fair Housing and Equal Opportunity or by contacting a local tenant-rights organization for guidance on available options. Consulting with a fair housing advocacy group can help clarify whether a specific project is subject to § 8.22 and what remedies may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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