HUD Handbook 4350.3 § 2-29

A.       Overview

                  1.       Owners must take steps as described under this paragraph to ensure
                           effective communication with applicants, tenants, and members of the
                           public.

                           IMPORTANT: The owner has the same obligation to provide effective
                           communication to interested persons, applicants, and residents,
                           regardless of whether it is ultimately determined that a particular
                           individual is in fact income-eligible or otherwise qualified for admission to
                           the project. (See paragraph 2-23 or the Glossary)

                  2.       Owners are not required to take any actions under this paragraph that the
                           owner can demonstrate would result in a fundamental alteration in the
                           property or program or in an undue financial and administrative burden.

HUD Occupancy Handbook                              2-23                                             6/07
Chapter 2: Civil Rights and
Nondiscrimination Requirements

                                                                Additional Nondiscrimination and Accessibility
                                                                   Requirements for Persons with Disabilities

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

3.     Owners must take steps to the maximum extent feasible to accommodate
                        requests under this subsection for effective communication with persons
                        with disabilities. This means that owners must make alternate
                        accommodations up to the point at which further accommodations would
                        result in either a fundamental alteration in the nature of the project or
                        program or in undue financial and administrative burden.

       B.        Providing Auxiliary Aids to Ensure Effective Communication with Hearing-
                 and Speech-Impaired Individuals

                 1.     Owners must provide auxiliary aids where necessary to give tenants and
                        applicants with disabilities equal opportunity to receive and enjoy the
                        benefits of the project/assistance. See also Exhibit 2-2 for examples.

                 2.     In furnishing auxiliary aids needed by persons with disabilities, owners
                        should give primary consideration to the types of aids requested by the
                        individual.

                         Example - Reasonable Requests for Auxiliary Aids
            Requests for auxiliary aids may include the following: visual alarms; tactile
            signs; visual doorbell; reader; interpreter; applications, leases, and other
            information/ communications in large print or Braille; recordings of such
            information; and a television, in a public area, that provides closed-captioning
            service.

3.     Appropriate auxiliary aids do not include individually prescribed devices.

                  Example - Auxiliary Aids that Owners Are Not Required to Provide
            Requests for auxiliary aids that owners are not required to provide include
            reading machines, hearing aids, or personal items (e.g., an alarm clock with
            visual signal, computer, wheelchair, assistance animals, readers for personal
            use, TTY in tenant’s unit, and eyeglasses).

C.        Written Communications

                 1.     Owners must accommodate requests by persons with disabilities to have
                        written materials presented in a manner which can be understood by
                        those individuals. However, requests for provision of written materials in
                        a specific form may not have to be fulfilled if to do so would result in an
                        undue financial and administrative burden.

6/07                                             2-24                            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

Example - Written Communications that Owners Must Make Available to
                                    Persons with Disabilities
               Written communications include applications, leases, **HUD-50059s**,
               tenant/applicant letters, and responses to inquiries.

2.         If such a determination is made, owners must seek alternative ways of
                             presenting written communications to meet the individual’s needs that, to
                             the maximum extent possible, ensure that persons with disabilities
                             receive the benefits and services of the program or activity.

                  3.         Written communications must state that the owner does not discriminate
                             against persons with disabilities. (See suggested language in Exhibit 2-
                             3.)

                  4.         Owners, managing entities, or projects with 15 or more employees must
                             ensure that written communications identify an employee named to
                             coordinate compliance with nondiscrimination requirements. (See Exhibit
                             2-3.)

                  5.         Owners must ensure that any fact sheets, brochures, notices, literature,
                             or publicity of any kind accomplish the following:

                             a.        Give information concerning the existence and location of
                                       services, activities, and facilities that have features that make
                                       them accessible to persons with disabilities.

                                  Example - Communicating Accessibility Features
                       When an owner lists a telephone number, he/she must also list a
                       TTY number or an equally effective system.

                       When a property is fully accessible, that fact must be stated or the
                       universal symbol for accessibility should be used.

b.        State that the owner does not discriminate on the basis of
                                       disability in admission or access to the project.

                             c.        Give the name (or position), address, and telephone number of
                                       the employee designated to coordinate the owner’s efforts to
                                       comply with Section 504. (This subparagraph applies to owners,
                                       managing entities, or projects employing 15 or more people.)

HUD Occupancy Handbook                                  2-25                                               6/07
Chapter 2: Civil Rights and
Nondiscrimination Requirements

                                                               Additional Nondiscrimination and Accessibility
                                                                  Requirements for Persons with Disabilities

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

NOTE: Affirmative fair housing marketing must meet the requirements in
                        24 CFR, part 108 – Fair Housing Advertising. Prohibitions related to
                        discriminatory advertising are described in 24 CFR 100.75. Consult with
                        the Office of Fair Housing and Equal Opportunity for further information.

       D.        Telecommunications

                 Where an owner uses a telephone to communicate with members of the public,
                 applicants, and tenants, the owner must use a telecommunications device
                 suitable for the hearing-impaired (TTY) or equally effective communication
                 system (such as a TTY relay service). Owners must provide TTY, unless the
                 phone company offers it. Exhibit 2-4 presents an optional checklist to determine
                 whether a communication system is an equally effective alternative to the TTY.

                 NOTE: Small properties, where the owner relies on face-to-face communications
                 only and does not use a telephone to communicate with tenants or the public, are
                 exempt from the requirements of this paragraph. However, the owner must
                 provide alternative effective means of communication with persons with
                 disabilities.