HUD Handbook 4350.3 § 2-8
Section 504 of the Rehabilitation Act of 1973 (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
A. Section 504 prohibits discrimination based upon disability in all programs or
activities operated by recipients of federal financial assistance. Although Section
504 often overlaps with the disability discrimination prohibitions of the Fair
Housing Act, it differs in that it also imposes broader affirmative obligations on
owners to make their programs as a whole, accessible to persons with
disabilities. These obligations include the following:
1. Making and paying for reasonable structural modifications to units and/or
common areas that are needed by applicants and tenants with
disabilities, unless these modifications would change the fundamental
nature of the project or result in undue financial and administrative
burdens;
2. Operating housing that is not segregated based upon disability or type of
disability, unless authorized by federal statute or executive order;
3. Providing auxiliary aids and services necessary for effective
communication with persons with disabilities;
4. Developing a transition plan to ensure that structural changes are
properly implemented to meet program accessibility requirements; and
5. Performing a self-evaluation of the owner’s program and policies to
ensure that they do not discriminate based on disability.
6. Operating their programs in the most integrated setting appropriate to the
needs of qualified individuals with disabilities.
B. Furthermore, the Section 504 regulations establish affirmative accessibility
requirements for newly constructed or rehabilitated housing, including providing a
minimum percentage of accessible units. In order for a unit to be considered
accessible, it must meet the requirements of the Uniform Federal Accessibility
Standards (UFAS).
C. The Section 504 regulations also require that recipients not discriminate in
employment based upon disability.HUD Handbook 4350.3 REV-1 CHG-4 § 2-8 describes how Section 504 of the Rehabilitation Act of 1973 bars discrimination on the basis of disability in any housing program or activity that receives federal financial assistance. Unlike the Fair Housing Act, Section 504 goes further by placing affirmative obligations on federally assisted housing owners — such as funding reasonable structural modifications, providing auxiliary aids for effective communication, avoiding disability-based segregation, and ensuring programs are operated in the most integrated setting appropriate. Newly constructed or rehabilitated properties must also meet minimum accessible-unit requirements under the Uniform Federal Accessibility Standards (UFAS), and the non-discrimination mandate extends to employment practices as well.
Plain English — not legal advice.
Under HUD Handbook 4350.3 REV-1 CHG-4 § 2-8, operators of federally assisted housing are generally expected to bear the cost of reasonable structural modifications to units and common areas needed by residents or applicants with disabilities, unless doing so would fundamentally alter the program or impose undue financial and administrative burdens. Compliant operators typically conduct a self-evaluation of their policies, develop a transition plan for structural changes, and ensure that housing assignments do not segregate residents by disability type. For new construction or substantial rehabilitation, owners are expected to provide the minimum percentage of UFAS-compliant accessible units required by Section 504 regulations.
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 § 2-8 establishes that tenants and applicants with disabilities in federally assisted housing have the right to request that an owner fund reasonable structural modifications and provide auxiliary aids necessary for effective communication — obligations that go beyond what the Fair Housing Act alone requires. Residents who believe an owner has failed to meet these Section 504 obligations, such as by refusing a needed modification or placing residents in segregated settings, may have the option of filing a complaint with the U.S. Department of Housing and Urban Development. Tenant-rights organizations familiar with Section 504 and HUD-assisted housing can help individuals understand the range of options available to them.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.