HUD Handbook 4350.3 § 2-27

A.     Both Section 504 and the Fair Housing Act prohibit owners from following
                 policies or practices that discriminate overtly on the basis of disability.

                              Example – Discriminatory Policies and Practices
                      An owner may not have a policy requiring tenants with
                      disabilities to carry personal liability insurance, when it does
                      not require tenants without disabilities to carry such insurance.

                      An owner may not have a policy which prohibits tenants from
                      having live-in-aides or using assistive devices in certain parts
                      of the premises.

B.     Owners are also obligated to modify any neutral policies which have the effect of
                 discriminating on the basis of disability.

                                 Example – Neutral Discrimination Policies
                      An owner must modify a “no animals” policy to allow a tenant
                      with a disability who needs an assistance animal as a result of
                      his or her disability, to have that animal.

NOTE: Housing policies that owners can demonstrate are essential to the
                 project will not be regarded as discriminatory under this requirement if
                 modifications to such policies would result in a fundamental alteration in the
                 nature of the housing program or activity or undue financial and administrative
                 burden. (See paragraph 2-42.)

          C.     Owners must not fail to provide reasonable accommodations when such
                 accommodations may be necessary to afford a person with disabilities equal
                 opportunity to use and enjoy a dwelling unit and the public and common areas.
                 (Refer to Subsection 4: Reasonable Accommodations for more information
                 about reasonable accommodations.)

6/07                                             2-22                          HUD Occupancy Handbook
                                                                               Chapter 2: Civil Rights and
                                                                           Nondiscrimination Requirements

Requirements for Persons with Disabilities

Subsection 2:
Policies and Procedures to Ensure
Nondiscrimination and Promote Accessibility

D.       Owners must ensure that their policies and procedures do not have a disparate
                  or impact on persons with disabilities. Refer to paragraph 2-18 C for a
                  discussion of “disparate impact.”

         E.       Owners are not required to provide supportive or other services (e.g., counseling,
                  medical or social services) that fall outside the scope of the applicable housing
                  program for the property. The test for what the owner must provide is whether,
                  with appropriate modifications, the applicant can achieve the purpose of the
                  program offered, not whether the applicant/tenant could benefit or obtain results
                  from some other program that the owner does not offer.

                  NOTE: Applicants who need services not provided by the project must be
                  allowed to arrange for those services on their own.