HUD Handbook 4350.3 § 2-22
Introduction (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
A. As discussed in Paragraph 2-5 above, the Fair Housing Act establishes specific
nondiscrimination and accessibility requirements for housing sold and rented in
the United States for nearly all housing, regardless of whether the housing
receives any federal financial assistance.
B. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against
persons with disabilities and establishes accessibility requirements by recipients
of federal financial assistance in both housing and nonhousing programs.
Although there is significant overlap between the Fair Housing Act
nondiscrimination requirements with respect to disability and Section 504,
Section 504 imposes additional broader obligations on recipients of federal
financial assistance. Properties covered by this handbook are subject to the
requirements of Section 504 and therefore, owners of such properties have
affirmative obligations to establish and implement nondiscrimination policies and
to ensure required accessibility to persons with disabilities.
C. Section 504 establishes certain affirmative accessibility standards that owners
must meet regardless of whether or not an applicant or tenant has made an
individual request for a reasonable accommodation. (For information on
reasonable accommodations, refer to Subsection 4 of this section.)
1. The owner’s obligations include making the property physically accessible
as well as operating and administering the property to enable persons
with disabilities to have equal access to participate in the program.
2. This means not only that units and common areas must be physically
accessible, but that owners also must ensure effective communications
with applicants, tenants, and the public, and that policies regarding how
the property is operated do not adversely affect applicants, tenants, and
the public.
3. Under both the Fair Housing Act and Section 504, housing providers are
obligated to provide reasonable accommodations to allow applicants with
disabilities to meet the requirements of tenancy. The requirement to
provide a reasonable accommodation is present at all times throughout
the tenancy of a person with disabilities, including during lease
enforcement. See discussion in Subsection 4.
4. In all discussions of accessibility under Section 504, a unit cannot be
considered fully accessible unless it meets the requirements of the
Uniform Federal Accessibility Standards, 24 CFR 8.32. Note that UFAS
does not consider a unit to be fully accessible if it is not on an accessible
route.
D. This section discusses how Section 504 and the disability/accessibility provisions
of the Fair Housing Act apply to housing, and it addresses situations where both
laws apply. In this respect, where a property is subject to more than one law or
nondiscrimination or accessibility standard, it is necessary to comply with all
applicable requirements. In some cases, it may be possible to do this by
complying with the stricter requirement. Section 504 and the Fair Housing Act
overlap, but in many ways Section 504 is the more stringent of the two.
E. For purposes of this section, the requirements and procedures described refer to
Section 504, unless the Fair Housing Act is specifically referenced.
F. This section continues with an overview of key requirements regarding
nondiscrimination and accessibility and then covers the following topics in more
detail.
1. Subsection 2: Policies and Procedures to Ensure Nondiscrimination and
Promote Accessibility.
2. Subsection 3: Physical Accessibility.
3. Subsection 4: Reasonable Accommodations.
4. Subsection 5: Additional Fair Housing Act Requirements.HUD Handbook 4350.3 REV-1 CHG-4 § 2-22 introduces the framework under which both the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973 govern nondiscrimination and accessibility in federally assisted housing. The Fair Housing Act applies broadly to nearly all housing in the United States, while Section 504 imposes additional, often stricter obligations specifically on recipients of federal financial assistance. Together, these laws require that housing be physically accessible, that communications be effective, and that policies not disadvantage people with disabilities — and where both laws apply, compliance with all applicable requirements is necessary.
Plain English — not legal advice.
Owners and managers of properties covered by HUD Handbook 4350.3 REV-1 CHG-4 § 2-22 are subject to affirmative obligations under Section 504 and the Fair Housing Act, meaning compliance is required proactively — not only in response to individual requests. Compliant operators generally maintain written nondiscrimination policies, ensure that units and common areas meet the Uniform Federal Accessibility Standards (24 CFR 8.32), and review operational policies to confirm they do not create barriers for applicants or tenants with disabilities. Because Section 504 is often the stricter standard, operators of federally assisted properties typically use it as the baseline when the two laws overlap.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under HUD Handbook 4350.3 REV-1 CHG-4 § 2-22, tenants and applicants with disabilities at federally assisted properties have rights under both the Fair Housing Act and Section 504 of the Rehabilitation Act, including the right to accessible units, effective communications, and nondiscriminatory policies throughout the entire tenancy — including during lease enforcement. These protections exist independently of whether a formal accommodation request has been made. Individuals who believe these rights have been violated may consider filing a complaint with the U.S. Department of Housing and Urban Development, raising the issue with a local tenant-rights organization, or consulting an attorney familiar with fair housing law.
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 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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