HUD HCV Guidebook § 13.2

All decisions to deny assistance are subject to civil rights and antidiscrimination laws such as the Fair Housing
Act, Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, Titles II or III of the Americans with
Disabilities Act, and the Violence Against Women Act (VAWA).78 Violence Against Women Act (VAWA) means
the Violence Against Women and Department of Justice Reauthorization Act of 2005 and the Violence Against
Women Reauthorization Act of 2013. The PHA must79 not deny admission solely based on certain family
characteristics, including families with children, families with unwed parents or children born out of wedlock,
families that receive public assistance, or whether the family decides to participate in the family self-
sufficiency program (FSS). The PHA is also prohibited80 from denying admission on the basis of any protected
class, including age, race, color, religion, sex, national origin, familial status, and disability. Consistent with
HUD’s Equal Access Rule, HUD-assisted and HUD-insured housing must be made available without regard to
actual or perceived sexual orientation, gender identity, or marital status.81

77
   24 CFR § 982.552(a)(2)
78
   24 CFR § 982.552(c)(2)(v)
79
   24 CFR § 982.202(b)(3)(i), (ii), (v)
80
   24 CFR § 982.202(b)(3)(iii) and (iv)
81
   24 CFR § 5.105(a); PIH Notice 2014-20 (HA): Program Eligibility Regardless of Sexual Orientation, Gender
Identity or Marital Status as Required by HUD”s Equal Access Rule

For applicants with a disability, a PHA must grant a reasonable accommodation request made by an applicant
unless it constitutes an undue financial and administrative burden, a fundamental alteration to the program,
or results in a direct threat that cannot be reduced or eliminated by another reasonable accommodation. This
includes, for example, a reasonable accommodation request made by an applicant who was denied admission
due to a previous eviction from housing assisted under the program for serious violation of the lease where
the tenant claims that the eviction or lease violation was related to that tenant’s disability. More information
on reasonable accommodations and fair housing requirements can be found in the Fair Housing
Requirements chapter.

If an applicant is otherwise eligible, admission to the program may not82 be denied to the program on the
basis or as a direct result of the fact that the applicant is or has been a victim of domestic violence, dating
violence, sexual assault, or stalking. PHAs must83 notify applicants that protections are available to victims
under the Violence Against Women and Department of Justice Reauthorization Act of 2005 and the Violence
Against Women Reauthorization Act 2013, P. L. 113-4. See the Violence Against Women Act (VAWA) chapter
for information on VAWA requirements.