HUD Handbook 4350.3 § 2-46
Additional Fair Housing Act Requirement to Allow Tenant Modification of (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
the Premises
A. A person with disabilities has the right under the Fair Housing Act to make
reasonable modifications to any part of his or her unit or the related common
areas at his or her own expense.
B. In HUD subsidized multifamily housing, the Section 504 requirements placing the
responsibility on the owner to pay for requested reasonable accommodations,
including structural changes to the premises, supersede the Fair Housing Act
provisions placing the burden of paying for structural changes on the tenant. In
the circumstance where the requested structural modification to a HUD-funded
property does constitute an undue financial and administrative burden, and the
tenant still wanted that particular modification to be made, the Fair Housing Act
would then authorize the tenant to make and pay for the accommodation.Under HUD Handbook 4350.3 REV-1 CHG-4 § 2-46, the Fair Housing Act generally gives people with disabilities the right to make reasonable physical modifications to their unit or shared common areas, at their own cost. However, in HUD-subsidized multifamily housing, Section 504 shifts the financial responsibility for reasonable accommodations—including structural changes—from the tenant to the property owner. If a requested structural change would impose an undue financial and administrative burden on the owner of a HUD-funded property, the Fair Housing Act still permits the tenant to proceed with and pay for that modification themselves.
Plain English — not legal advice.
Owners and managers of HUD-subsidized multifamily housing should be aware that, under § 2-46 of HUD Handbook 4350.3 REV-1 CHG-4, Section 504 generally requires them to bear the cost of reasonable structural accommodations requested by tenants with disabilities—not the tenant. Compliant operators typically document their review of each accommodation request, assess whether fulfilling it would constitute an undue financial and administrative burden, and maintain records of that determination. When an undue-burden finding is properly supported, the Fair Housing Act framework described in § 2-46 still allows the tenant to make and fund the modification independently.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 2-46 of HUD Handbook 4350.3 REV-1 CHG-4 describes important protections for tenants with disabilities living in HUD-subsidized housing: the owner is generally responsible for covering the cost of reasonable structural accommodations under Section 504, rather than the tenant. If an owner claims the requested modification would be an undue financial and administrative burden, the Fair Housing Act still preserves the tenant's right to make and pay for that modification. Tenants who believe their accommodation request has been improperly denied or cost-shifted may consider contacting the U.S. Department of Housing and Urban Development, a local fair housing organization, or a tenant-rights group to understand available options.
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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