HUD Handbook 4350.3 § 2-37
Limitations on Owners’ Obligations to Make Their Housing Physically (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
Accessible to Persons with Disabilities
A. Owners are not required to make structural changes where other methods are
effective in achieving compliance with paragraph 2-35.
B. Owners are not required to make alterations that have little likelihood of being
accomplished without removing or altering a load-bearing structural member.
See 24 CFR 8.32(c).
C. In some cases, an accessible building entrance cannot be provided without
triggering one of the actions in subparagraph B above or resulting in undue
financial and administrative burden. In such cases, an owner will have to take
other reasonable steps to insure program accessibility, including in some cases,
making additional units accessible in other buildings operated by the owner.
D. Owners do not have to make mechanical rooms and other spaces accessible
when, because of their intended use, they do not require accessibility by the
public, by tenants, or by employees with physical disabilities.
E. Owners are not required to install an elevator solely for the purpose of making
units accessible.
Subsection 4: Reasonable AccommodationsHUD Handbook 4350.3 REV-1 CHG-4 § 2-37 sets out several limitations on how far property owners must go to make federally assisted housing physically accessible to people with disabilities. Structural changes are not always required if other methods can achieve the same accessibility outcome, and certain alterations—such as those that would require removing or altering load-bearing structural members, or installing an elevator solely for accessibility—are explicitly excluded from the owner's obligations. When a fully accessible building entrance cannot be provided without triggering these exemptions or causing undue financial burden, owners may instead be required to take alternative reasonable steps, such as making additional units accessible in other buildings they operate.
Plain English — not legal advice.
Under HUD Handbook 4350.3 REV-1 CHG-4 § 2-37, compliant operators generally document why a particular structural modification is not required—for example, because a non-structural alternative achieves the same accessibility result, or because the alteration would necessitate removing a load-bearing member as described in 24 CFR 8.32(c). When a fully accessible entrance cannot be provided without triggering one of those exemptions or creating an undue financial and administrative burden, operators typically identify and implement other reasonable steps, which may include making additional units accessible across their portfolio. Spaces such as mechanical rooms that are not intended for use by the public, tenants, or employees with physical disabilities generally do not need to be made accessible under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HUD Handbook 4350.3 REV-1 CHG-4 § 2-37 defines the boundaries of an owner's obligation to make physical modifications, but it does not eliminate the broader duty to ensure program accessibility—meaning that even when a specific structural change is exempt, an owner may still be required to take other reasonable steps to provide access. Tenants who believe an owner is improperly relying on these limitations to avoid accessibility obligations may consider raising the issue with the U.S. Department of Housing and Urban Development, which oversees compliance with HUD handbook requirements. Tenant-rights organizations and fair housing agencies can also help individuals understand how these limitations interact with other disability-related rights, such as the reasonable accommodations process addressed in the subsection that follows § 2-37.
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 25, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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