HUD PIH Notice § 2010-26
Non-Discrimination and Accessibility for Persons with Disabilities (HUD PIH Notices)
HUD guidance — not codified law
In Force
Verified 10/14/2026 · Next check 10/21/2026
effective 10/14/2026FederalAffordable Housing ProgramsOperative Text
HUD PIH Notice § 2010-26
[pic] U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
Special Attention of: NOTICE PIH 2010-
26 (HA)
Regional Directors; State and Area
Coordinators; Public Housing Hub Issued:
July 26, 2010
Directors; Program Center Coordinators;
Troubled Agency Recovery Center Directors; Expires: July
31, 2011
Special Applications Center Director;
________________________
Public Housing Agencies; Cross Reference:
Notice
Housing Choice Voucher/Section 8 Public PIH 2003-31 (HA)
Housing Agencies; Resident PIH 2006-13 (HA)
Management Corporations PIH Letter L-2007-
05
PIH Notice 2009-5
Subject: Non-Discrimination and Accessibility for Persons with
Disabilities
1. Purpose: The purpose of this Notice is to remind recipients of Federal
funds of their obligation to comply with pertinent laws and implementing
regulations which mandate non-discrimination and accessibility in
federally funded housing and non-housing programs for persons with
disabilities.
Additionally, this Notice provides
information on key compliance elements of the relevant regulations and
examples and resources to enhance recipients’ compliance efforts.
However, specific regulations must be reviewed in their entirety for full
compliance.
2. Applicability: This Notice applies to all public housing programs and
activities receiving Federal financial assistance either directly or
indirectly from the Office of Public and Indian Housing. This Notice is
not applicable to ONAP programs, Tribes or TDHEs.
Federal financial assistance and programs or activities are both defined
very broadly. See 24 CFR 8.3 for the regulatory definitions.
Contractors or other agents of public housing agencies (PHAs) performing
covered work or conducting covered activities on behalf of PHAs are
subject to the requirements of this Notice.
3. Background: Although the Department is aware that many HUD recipients
are doing an excellent job of providing accessibility in their programs
for persons with disabilities, it has been brought to the Department’s
attention that other HUD recipients may not be in compliance with the
subject laws and implementing regulations. As part of an effort to
achieve maximum compliance, this Notice will serve to emphasize the
importance of compliance.
4. Notifications: It is recommended that PHAs and other recipients of
Federal PIH funds provide this Notice to all current and future
contractors, agents and housing choice voucher program owners
participating in covered programs/activities or performing work covered
under the above laws referenced below and implementing regulations.
I. Statutory/Regulatory Requirements
Some statutory and regulatory provisions overlap others. Where there is a
conflict, the most stringent provision applies including any state or local
laws/regulations/codes which may be more stringent than Federal
requirements.
A. Self-evaluations/Needs Assessments/Transition Plan
1. Section 504 of the Rehabilitation Act of 1973 (Section 504)[1]; Title
II of the Americans with Disabilities Act of 1990 (ADA)[2]:
Initially, with the issuance of the Section 504 implementing
regulations at 24 CFR Part 8 on June 2, 1988, PHAs were required to
conduct needs assessments and develop transition plans to address the
identified needs of residents and applicants with disabilities. The
transition plan and the needs assessment are required to be available
for public review pursuant to 24 CFR § 8.25(c).
Likewise, PHAs were required to conduct a self-evaluation their
current policies and practices to determine whether, in whole or in
part, they do not or may not meet the requirements of Section 504.
PHAs must then modify any policies and practices that do not meet the
requirements and take appropriate corrective steps to remedy the
discrimination revealed by the self-evaluation. See 24 CFR § 8.51.
The Department’s Office of Fair Housing and Equal Opportunity (FHEO)
will continue, as a matter of routine, to request copies of any self-
evaluations, needs assessments or transition plans in every compliance
review and complaint investigation conducted of a HUD recipient.
These documents may also be reviewed by other HUD offices in
conjunction with funding applications and in addressing non-compliance
issues that may arise. In addition, effective January 26, 1992, Title
II of the ADA required PHAs to conduct a self-evaluation of their
current services, policies and practices. See 28 CFR §§ 35.105 and
35.150 (d).
PHA-Plan regulations pursuant to the U.S. Housing Act of 1937 at 24
CFR § 903.7(a)(1)(ii) require the submission of a statement addressing
the housing needs of low-income and very low-income families,
including such families with disabilities, who reside in the
jurisdiction served by the PHA and families who are on the public
housing and housing choice voucher program waiting list.
Additionally, to ensure continued compliance with Section 504 and
Title II of the ADA, PHAs are encouraged to conduct needs assessments
and self-evaluations, at least yearly, working with persons/residents
with disabilities and local advocacy groups for persons with
disabilities. (see 24 CFR §§ 8.25(c) and 8.51 for additional
information). Transition plans should be updated as a result of such
needs assessments and self-evaluations. The transition plan must be
made available for public review.
B. Section 504/24 CFR 8 – Major Provisions
[see http://www.hud.gov/offices/fheo/disabilities/504keys.cfm]
1. New Construction [see 24 CFR § 8.22 (a) and (b)]. A minimum of 5
percent of the total dwelling units, or at least one unit (whichever
is greater), must be made accessible for persons with mobility
impairments. An additional minimum of 2 percent of the units, or at
least one unit (whichever is greater) must be made accessible for
persons with hearing or vision impairments. In circumstances where
greater need is shown, HUD may prescribe higher percentages than those
listed above. [see 24 CFR 8.22(c).] Accessible units must be on an
accessible route from site arrival points and connected by an
accessible route to public and common use facilities located elsewhere
on the site. Also, see visitability recommendations in Section I. of
this Notice.
2. Calculating the Required 5% and 2%. PHAs and all other HUD
recipients must calculate and provide the proper number of
accessible units consistent with the applicable requirements of
Section 504. As noted above for New Construction, 24 CFR § 8.22
(b), requires a minimum of 5 percent of the total dwelling units be
made accessible for persons with mobility impairments. An
additional 2 percent of the total units must be made accessible for
persons with hearing or vision impairments.
For example, if a recipient newly constructs a 41-unit development,
24 CFR § 8.22 (b), requires a minimum of 5 percent of the total
dwelling units be made accessible for persons with mobility
impairments. That is 41 total units x 5 percent = 2.05 accessible
units. However, to provide the minimum of 5 percent requires that
any fraction of a whole number, in this example .05 units, be
rounded up to 3 units. If the recipient instead rounded the
fraction down to 2 units (2 accessible units ÷ 41total units = 4.8
percent), the recipient would not comply with the requirement that
there be a minimum of 5 percent.
Since 24 CFR § 8.22 (b) requires an additional 2 percent of the
total units be made accessible for persons with hearing or vision
impairments, the recipient must provide one such unit as prescribed
by the regulation because 41 total units x 2 percent = .82 such
units.
This method of calculating the required number of accessible units
also applies to developments subject to the Substantial Alterations
requirements of 24 CFR § 8.23 (a).
3. Substantial Alterations [see 24 CFR § 8.23 (a)]. If alterations are
undertaken to a project that has 15 or more units and the cost of the
alterations is 75 percent or more of the replacement cost of the
completed facility, then the provisions of 24 CFR 8.22 (a) and (b) for
new construction apply, with the sole exception that load bearing
structural members are not required to be removed or altered. If
alterations of single elements or spaces of a dwelling unit when
considered together, amount to an alteration of a dwelling unit, the
entire dwelling unit shall be made accessible. Once 5 percent of the
dwelling units in a project are readily accessible to and usable by
individuals with mobility impairments, then no additional elements of
dwelling units or entire dwelling units are required to be accessible
under this paragraph.
4. Other Alterations [see 24 CFR § 8.23 (b)]. When other alterations are
undertaken, including, but not limited to modernization, such
alterations are required to be accessible to the maximum extent
feasible, up until a point where at least 5 percent of the units in a
project are accessible unless HUD prescribes a higher number or
percentage pursuant to 24 CFR § 8.23 (b)(2). PHAs should also include
up to 2 percent of the units in a development accessible for persons
with hearing and vision impairments. See 24 CFR. § 8.32 (c) for
exception regarding removing or altering a load-bearing structural
member. (Note: these exceptions do not relieve the recipient from
compliance utilizing other units/buildings/developments or other
methods to achieve compliance with Section 504.)
5. Adaptable Units: Section 504 permits recipients to construct or
convert adaptable units. A dwelling unit that is on an accessible
route, as defined by Section 504 and UFAS, and is adaptable and
otherwise in compliance with the standards set forth in 24 C.F.R. §
8.32 is “accessible”. Adaptable or adaptability means the ability
of certain elements of a dwelling unit, such as kitchen counters,
sinks and grab bars to be added to, raised, lowered, or otherwise
altered to accommodate the needs of persons with or without
disabilities, or to accommodate the needs of persons with different
types or degrees of disabilities. An accessible route is defined as
a continuous, unobstructed UFAS-compliant path as prescribed in 24
CFR §§ 8.3 and 8.32; UFAS. § 4.3. See 24 CFR §§ 8.3 & 8.32; UFAS §§
4.34.3-4.34.6.
Adaptable units may be appropriate when the PHA has no immediate
demand for accessible units since adaptable units may be more
marketable to families without disabilities. [NOTE: A unit that
meets the requirements of the Fair Housing Act Design & Construction
requirements is NOT equivalent to an Adaptable or Accessible Unit as
defined by UFAS and Section 504.]
6. Uniform Federal Accessibility Standards (UFAS) 24 CFR § 8.32 –
Compliance with UFAS shall be deemed to comply with the
accessibility requirements of Section 504, 24 CFR §§ 8.21, 8.22,
8.23 and 8.25. Departures from the technical and scoping
requirements of UFAS are permitted where substantially equivalent or
greater access and usability of the building is provided. See 24
CFR § 8.32 (a). The United States Access Board promulgates the
minimum guidelines and requirements for accessible design upon which
UFAS is based. The UFAS may be found at: http://www.access-
board.gov/ufas/ufas-html/ufas.htm
See also Section I.C., below.
NOTE: On July 23, 2004, the U.S. Access Board issued new Americans
with Disabilities Act (ADA) and Architectural Barriers Act (ABA)
Guidelines which cover new construction and alteration of a broad
range of facilities in the private and public sectors and serve as
the basis for enforceable accessibility standards issued by Federal
Agencies, including HUD. These Guidelines, once adopted by HUD,
will replace the current UFAS. However, they will only apply to new
construction and planned alterations and generally will not apply to
existing facilities except where altered. HUD recipients are not
required to comply with the new Guidelines until such time as HUD
adopts them as enforceable standards. Information about the new
Guidelines may be obtained from the Access Board website at
http://www.access-board.gov/ada-aba/final.cfm.
7. Reasonable Accommodations [see 24 CFR §§ 8.20, 8.21, 8.24 and 8.33].
PHAs and other recipients of Federal financial assistance are required
to make reasonable adjustments to their rules, policies, practices and
procedures in order to enable an applicant or resident with a
disability to have an equal opportunity to use and enjoy the housing
unit, the common areas of a dwelling or participate in or access
programs and activities conducted or sponsored by the PHA and/or
recipient. When a family member requires a policy modification to
accommodate a disability, PHAs must make the policy modification
unless doing so would result in a fundamental alteration in the nature
of its program or an undue hardship on the PHA’s programs. Factors to
be considered include:
• The overall size of the (PHA’s) program with respect to the number of
employees, number and type of facilities and size of budget;
• The type of (PHA’s) operation, including the composition and structure
of the (PHAs) workforce and;
• The nature and cost of the accommodation needed.
See discussion on Screening/Reasonable Accommodations in Section
2F(6) and reasonable accommodation under the Fair Housing Act in
Section 1E(3). Note: A recipient is not required to accommodate
an individual with a disability by modifying a rule or policy that
is required by statute. Such a change would be a fundamental
alteration of a program.
For example:
• A PHA that does not allow residents to have pets must modify its
policies and allow a tenant with a disability to have an
assistance animal if the animal is needed to provide the resident
with a disability an equal opportunity to use and enjoy the
housing.
• If the recipient provides transportation to PHA sponsored/funded
functions or
activities then a recipient must ensure that accessible
transportation is provided
to accommodate persons with disabilities and their aides
including the
reasonable accompaniment of relative(s) or acquaintance(s).
PHAs and other recipients of Federal financial assistance are also
required to provide reasonable accommodations to tenants and
applicants with disabilities who need structural modifications to
existing dwelling units and public use and common use areas in order
to make effective use of the recipient’s program. Under the
regulations, this obligation may be met either by making and paying
for requested structural modifications or by using other equally
effective methods. See 24 CFR §§ 8.20, 8.21(c), 8.24. However, when
the PHA is accommodating a resident’s disability-related needs without
making structural changes, the PHA shall give priority to those
methods that offer programs and activities to qualified individuals
with disabilities in the most integrated setting appropriate. See 24
CFR §§ 8.21 (c), 8.24 (b) for a variety of suggested, but not all
inclusive compliance methods. As with other requested reasonable
accommodations, PHAs and other recipients are not required to provide
requested structural modifications if doing so would result in a
fundamental alteration in the nature of the program or an undue
financial and administrative burden. However, the PHA or other
recipient is required to provide any other reasonable accommodation up
to the point that would not result in an undue financial or
administrative burden on the particular recipient and/or constitute a
fundamental alteration of the program.
For example:
• A PHA may be required to pay for and install a ramp to allow a
resident who is a wheelchair user to have access to a dwelling unit
that has a step at the front door if the resident cannot be
accommodated by relocation to a different unit that meets the
resident’s needs.
• A PHA may be required to pay for and install grab bars in the
resident’s dwelling unit in order to accommodate a resident who has a
mobility disability.
• A PHA may be permitted to transfer a resident with disabilities who
needs an accessible unit to an appropriate available accessible unit
or an appropriate accessible unit that can be modified in lieu of
modifying the tenant’s current inaccessible unit.
Note: This requirement to accommodate individual tenant’s requests
for accessible features is separate from the PHA’s affirmative
obligation to have an inventory of accessible units available for
persons with disabilities pursuant to 24 CFR §§ 8.22, 8.23 and 8.25.
8. Distribution of Accessible Dwelling Units (see 24 CFR § 8.26).
Required accessible dwelling units shall, to the maximum extent
feasible and subject to reasonable health and safety requirements, be
distributed throughout projects and sites and shall be available in a
sufficient range of sizes and amenities so that persons with
disabilities have choices of living arrangements comparable to that of
other families eligible for assistance under the same program.
9. Occupancy of Accessible Dwelling Units (see 24 CFR § 8.27). PHAs
shall adopt suitable means including providing information in its
application packets, providing refresher information to each resident
during annual re-certifications and posting notices in its Admissions
& Occupancy Offices to ensure that information regarding the
availability of accessible dwelling units reaches eligible persons
with disabilities. The PHA shall also modify its Admissions,
Occupancy and Transfer policies and procedures in order to maximize
the occupancy of its accessible units by eligible individuals whose
disability requires the accessibility features of the particular unit.
PHAs shall also take reasonable non-discriminatory steps to maximize
the utilization of accessible units by eligible individuals whose
disability requires the accessibility features of the particular
unit. To this end, when an accessible unit becomes vacant, the PHA
shall:
a. First, offer the unit to a current occupant with disabilities in the
same development that requires the accessibility features of the
vacant accessible unit and occupying a unit not having those
accessibility features. The PHA must pay moving expenses to transfer
a resident with a disability to an accessible unit as an accommodation
for the resident’s disability.
b. Second, if there is no current resident in the same development who
requires the accessibility features of the vacant, accessible unit,
the PHA will offer the unit to a current resident with disabilities
residing in another development that requires the accessibility
features of the vacant, accessible unit and occupying a unit not
having those accessibility features.
c. Third, if there is no current resident who requires the accessibility
features of the vacant, accessible unit, then the PHA will offer the
vacant, accessible unit to an eligible, qualified applicant with
disabilities on the PHA’s waiting list who can benefit from the
accessible features of the available, accessible unit.
d. Fourth, if there is not an eligible qualified resident or applicant
with disabilities on the waiting list who wishes to reside in the
available, accessible unit, then the PHA should offer the available
accessible unit to an applicant on the waiting list who does not need
the accessible features of the unit. However, the PHA may require the
applicant to execute a lease that requires the resident to relocate,
at the PHA’s expense, to a non-accessible unit within thirty (30) days
of notice by the PHA that there is an eligible applicant or existing
resident with disabilities who requires the accessibility features of
the unit. See 24 CFR § 8.27. Although the regulation does not
mandate the use of the lease provision requiring the nondisabled
family to move, as a best practice, the Department strongly encourages
recipients to incorporate it into the lease. By doing so, a recipient
may not have to retrofit additional units because accessible units are
occupied by persons who do not need the features of the units. In
addition, making sure that accessible units are actually occupied by
persons who need the features will make recipients better able to meet
their obligation to ensure that their program is usable and accessible
to persons who need units with accessible features. See 24 CFR 8.20.
Note: A PHA may not prohibit an eligible disabled family from
accepting a non-accessible unit for which the family is eligible that
may become available before an accessible unit. The PHA is required
to modify such a non-accessible unit as needed, unless the
modification would result in an undue financial and administrative
burden.
10. Most Integrated Setting Appropriate (see 24 CFR Part 8 and 28 CFR
Part 35). Section 504 regulations at 24 CFR § 8.4(d) require that
recipients administer programs and activities receiving Federal
financial assistance in the most integrated setting appropriate to
the needs of qualified individuals with disabilities. The
regulations provide that a specific class of individuals with
disabilities may not be excluded from a program unless the program
is limited by Federal statute or executive order to a different
class of individuals. Section 504 regulations (see 24 CFR §
8.4(b)(1)(iv)) also state that recipients cannot limit benefits to a
particular category of people with disabilities unless it is
necessary in order to provide housing services that are as effective
as those provided to others. Further, the regulations (see 24 CFR §
8.4(5)(i)) state that in determining the site or location of a
federally assisted facility, an applicant for assistance or a
recipient may not make selections the purpose or effect of which
would exclude qualified individuals with disabilities from, deny
them the benefits of, or otherwise subject them to discrimination
under, any program or activity that receives Federal financial
assistance.
11. While Section 504 requires such integration only in programs that are
Federally-assisted, Title II of the ADA similarly requires public
entities to provide all their services in the most integrated setting
appropriate to the needs of qualified individuals with disabilities
regardless of Federal assistance. The concept of community
integration is at the heart of Section 504 and the ADA. Consistent
with the standards of Section 504 and the ADA, in most instances,
separate programs for individuals with disabilities will not be
permitted.
12. PHA Requirements for the Housing Choice Voucher Program (see 24 CFR §
8.28).
[see Notice PIH 2005-05 and subsequent reinstatements by Notice PIH
2006-21 and PIH Letter L-2007-1: New Freedom Initiative, Executive
Order 13217: “Community-Based Alternatives for Individuals with
Disabilities,” and the Housing Choice Voucher Program.]
In carrying out the requirements of 24 CFR § 8.28, the PHA or other
recipient administering a Housing Choice Voucher Program shall:
(1) In providing notice of the availability and nature of housing
assistance for low-income families under program requirements,
adopt a suitable means to ensure that the notice reaches eligible
individuals with disabilities and that they can have an equal
opportunity to participate in the application process for the
Housing Choice Voucher Program;
I. In its activities to encourage participation by owners, include
encouragement of participation by owners having accessible
units;
II. When issuing a Housing Choice Voucher to a family which includes
an individual with disabilities, include a current listing of
available accessible units known to the PHA and, if necessary,
otherwise assist the family in locating an available accessible
dwelling unit;
III. Take into account the special problems of locating an accessible
unit when considering requests by eligible individuals with
disabilities for extensions of Housing Choice Vouchers; and
IV. In order to ensure that participating owners do not discriminate
in the recipient’s federally assisted program, a recipient shall
enter into a HUD-approved contract with participating owners,
which contract shall include necessary assurances of non-
discrimination.
V. If necessary as a reasonable accommodation for a person with
disabilities, approve a family request for an exception payment
standard under Sec. 982.505(d) for a regular tenancy under the
Section 8 voucher program so that the program is readily
accessible to and usable by persons with disabilities.
13. Non-housing Facilities (see 24 CFR § 8.21). Newly constructed non-
housing facilities shall be designed to be readily accessible to and
usable by people with disabilities. Alterations to existing
facilities shall be made accessible to the maximum extent feasible –
defined as not imposing an undue financial and administrative burden
on the operations of the recipient’s program or activity. For
existing non-housing facilities, PHAs shall operate each program or
activity receiving Federal financial assistance so that the program or
activity, when viewed in its entirety, is readily accessible to and
usable by individuals with disabilities. There are a number of
methods included in the regulation at 24 CFR § 8.21(c)(2) which may be
used to accomplish accessibility in existing non-housing programs and
activities.
For example:
• A PHA operates a community center. The PHA wishes to provide a
tutoring program and the only available space available after school
is on an inaccessible second floor. A child who uses a wheelchair and
lives in the PHA development served by the community center wishes to
participate in the tutoring program. The PHA may provide space on the
first floor for the child to work with his tutor or make tutoring
available at another location that is accessible and convenient to the
child as an alternative to installing an elevator or chair lift to get
the child to the second floor tutoring site.
Departures from UFAS are permitted as outlined in Section I. B, item
5 of this Notice.
14. Accessibility Standards Accessibility Standards (see 24 CFR § 8.32).
The design, construction or alteration of buildings in conformance
with sections 3-8 of the UFAS shall be deemed to comply with the
accessibility requirements of §§ 8.21, 8.22, 8.23, and 8.25 with
respect to those buildings. Departures from the requirements of UFAS
are permitted where substantially equivalent or greater accessibility
is provided. The Section 504 requirements at 24 CFR § 8.32 do not
require that building alterations be made when such alterations have
little likelihood of being accomplished without removing or altering a
load-bearing structural member.
15. Common Areas. Section 504 and Title II of the ADA require that a PHA
operate each existing housing program or activity receiving Federal
financial assistance so that the program or activity, when viewed in
its entirety, is readily accessible to and usable by individuals with
disabilities. See 24 CFR § 8.24(a) and 28 CFR § 35.150 (a).
Therefore, the PHA must ensure that its common areas and public
spaces serving its designated accessible units, including, but not
limited to, community buildings, management offices, meeting rooms,
corridors, hallways, elevators, entrances, parking, public
transportation stops, social service offices, mail delivery, laundry
rooms/facilities, trash disposal, playgrounds, child care centers,
training centers and recreational centers, are accessible to
individuals with disabilities. In the alternative, the PHA may
offer the program, service or activity, currently located in an
inaccessible location, in an equivalent, alternate accessible
location.
Specifically, a PHA may comply with the requirements of 24 CFR §
8.24 through such means as reassignment of services to accessible
buildings, assignment of aides to beneficiaries, provision of
housing or related services at alternate accessible sites,
alteration of existing facilities and construction of new
facilities, or any other methods that result in making its programs
or activities readily accessible to and usable by individuals with
disabilities. In choosing among available methods, the PHA shall
give priority to those methods that offer programs and activities to
qualified individuals with disabilities in the most integrated
setting appropriate. See 24 CFR § 8.24 (b).
C. Architectural Barriers Act (ABA) of 1968/24 CFR 40 – Major Provisions
Accessibility Standards for Design, Construction and Alteration of
Publicly Owned
Residential Structures (see 24 CFR § 40.4) - The Architectural
Barriers Act applies to
certain buildings financed with Federal funds to ensure that they are
designed, constructed
or altered so as to be accessible to persons with disabilities. The
Act applies to buildings,
other than a privately owned residential structure, which are (1)
constructed or altered by
or on behalf of the United States; (2) leased in whole or in part by
the United States after
August 12, 1968, if constructed or altered in accordance with plans
and specifications of
the United States; or (3) financed in whole or in part by a grant or
loan made by United
States after August 12, 1968, if the structure is subject to
standards for design,
construction, or alteration issued under authority of the law
authorizing such grant or loan.
See 24 CFR § 40.2.
The United States Access Board has issued updated guidelines for the
Architectural Barriers Act, as well as the Americans with Disabilities
Act. These standards are the ADA/ABA Accessibility Guidelines. While
other Federal agencies have adopted these updated guidelines as their
standards, at present HUD uses the Uniform Federal Accessibility
Standards (UFAS).
UFAS Notes:
• Under the Architectural Barriers Act, four standard setting
agencies—the General Services Administration, HUD, the Department
of Defense, and
the United States Postal Service (USPS) are responsible for
development of
the standards for Federal facilities. UFAS is HUD’s current
standard. See
Note in Section I.B.5. The UFAS is available at
http://www.access- board.gov/ufas/ufas-html/ufas.htm.
• Figure 47(a) in UFAS does not permit the water closet to encroach
on the clear, unobstructed (see UFAS §3.5) floor space required to
provide an unobstructed 60º turning circle. See UFAS § 4.34.2(2).
• UFAS includes a definition of structural impracticability that
does not require changes if such changes would result in the
removal or alteration of a load-bearing structural member and/or
an increased cost of 50 percent or more of the value of the
element of the building or facility. See UFAS § 3.5. This does
not alleviate the recipient’s responsibility for making its
programs and housing units accessible to persons with
disabilities. Recipients instead should look to HUD’s regulations
for Section 504 at 24 CFR Part 8 in order to ensure compliance.
• The exception for bathrooms found at Section 4.22.3 of UFAS is not
applicable to dwelling unit bathrooms.
• UFAS Section 4.34.2(15)(c) requires at least two bedrooms in
dwelling units with two or more bedrooms to be accessible and
located on an accessible route. PHAs need to be mindful that new
construction or substantial rehabilitation of multistory dwelling
units must be in compliance with this requirement. Further, the
Department wishes to encourage designs that provide persons with
disabilities access to all parts of their dwelling units, and
therefore encourages PHAs to take advantages of the strategies
outlined in the PIH guidebook, Strategies for Providing
Accessibility and Visitability for Hope VI and Mixed Finance
Homeownership.” This guidebook may be found at the following link:
http://www.hud.gov/offices/pih/programs/ph/hope6/pubs/index.cfm.
• Because UFAS does not fully address accessibility of units for persons
with impaired hearing, for the 2 percent units that are required to be
accessible for persons with hearing impairments, it is recommended
that PHAs follow the July 2004 ADA/ABA Accessibility Guidelines,
Section 809.5, Residential Dwelling Units with Communication Features.
The ADA/ABA Accessibility Guidelines are available from the U.S.
Access Board. See http://www.access-board.gov/ada-aba/. PHAs may
also follow the 2003 edition of ICC/ANSI A117.1 Standard for
Accessible and Usable Buildings and Facilities, Chapter 10, Section
1005. These Standards are available through the International Code
Council, 500 New Jersey Avenue NW, Washington, DC 20001. See also
ICC’s Website at http://www.iccsafe.org.
Note: The U. S. Access Board issued new ADA and ABA Accessibility
Guidelines in July 2004. See the note about this on Page 4, Item B.5.
D. Americans with Disabilities Act of 1990/28 CFR 35 for Title II (see
www.ADA.gov) –
1. Applicability. Title II of the ADA prohibits discrimination on the
basis of disability by public entities. Public entity means any state
or local government; or any department, agency, special purpose
district or other instrumentality of a State or States or local
government, including a PHA. See 28 CFR §§ 35.102 and 35.104.
2. Maintenance of Accessible Features. A public entity shall maintain in
operable working condition those features of facilities and equipment
that are required to be readily accessible to and usable by persons
with disabilities. (see 28 CFR § 35.133).
3. Non-discrimination. A public entity shall operate each service,
program or activity so that when viewed in its entirety, each service,
program or activity is readily accessible to and usable by individuals
with disabilities. (see 28 CFR § 35.150).
4. Design and Construction. Each facility or part of a facility
constructed by, on behalf of, or for the use of a public entity shall
be designed and constructed in such a manner that the facility is
readily accessible to and usable by individuals with disabilities, if
the construction was commenced after January 26, 1992 (see 28 CFR §
35.151(a)).
5. Alterations. Each facility or part of a facility altered by, on
behalf of, or for the use of a public entity in a manner that effects
or could effect the usability of the facility or part of the facility
shall, to the maximum extent feasible, be altered in such a manner
that the altered portion of the facility is readily accessible to and
usable by individuals with disabilities if the alteration was
commenced after January 26, 1992. (see 28 CFR § 35.151(b)).
6. Accessibility standards. Design, construction, or alteration of
facilities in conformance with the UFAS or with the ADA Accessibility
Standards (ADA Standards) shall be deemed to comply with requirements
of 28 CFR § 35.151 except that the elevator exemption contained at §§
4.1.3(5) and 4.1.6(1)(j) of the ADA Standards shall not apply. (see
28 CFR § 35.151(c)).
7. Common Areas. Section 504 and Title II of the ADA require that a PHA
operate each existing housing program or activity, including those
receiving Federal financial assistance so that the program or
activity, when viewed in its entirety, is readily accessible to and
usable by individuals with disabilities. See 24 CFR § 8.24(a) and 28
CFR § 35.150 (a). (Note: The title II regulations at 28 CFR Part 35
contain extensive requirements that apply to public entities,
including PHAs, and should be reviewed in their entirety to ensure
compliance with the ADA.).
Therefore, the PHA must ensure that its common areas and public spaces
serving its designated accessible units, including, but not limited
to, community buildings, management offices, meeting rooms, corridors,
hallways, elevators, entrances, parking, transportation stops, social
service offices, mail delivery, laundry rooms/facilities, trash
disposal, playgrounds, child care centers, training centers and
recreational centers, are accessible to individuals with disabilities.
In the alternative, the PHA may offer the program, service or
activity, currently located in an inaccessible location, in an
equivalent, alternate accessible location.
Specifically, a PHA may comply with the requirements of 28 CFR §
35.150(a) through such means as reassignment of services to accessible
buildings, assignment of aides to beneficiaries, provision of housing
or related services at alternate accessible sites, alteration of
existing facilities and construction of new facilities, or any other
methods that result in making its programs or activities readily
accessible to and usable by individuals with disabilities. In
choosing among available methods, the PHA shall give priority to those
methods that offer programs and activities to qualified individuals
with disabilities in the most integrated setting appropriate. (See 24
CFR § 8.24 (b)).
E. The Fair Housing Act/24 CFR Part 100
[see http://www.usdoj.gov/crt/housing/title8.htm;
see also
http://www.access.gpo.gov/nara/cfr/waisidx_00/24cfr100_00.html]
1. Illegal Inquiries (24 CFR § 100.202) – The Fair Housing Act makes it
unlawful for a housing provider to:
• Ask if an applicant for a dwelling has a disability or if a person
intending to reside in a dwelling or anyone associated with an
applicant or resident has a disability, or
• Ask about the nature or severity of a disability of such persons.
Housing providers may make the following inquiries, provided these
inquiries are made of all applicants, regardless of whether the
applicant appears to have a disability or says he or she has a
disability;
• An inquiry into an applicant’s ability to meet the requirements of
tenancy;
• An inquiry to determine if an applicant is involved in current,
illegal use of drugs;
• An inquiry to determine if an applicant qualifies for a dwelling
legally available only to persons with a disability or to persons
with a particular type of disability. A PHA may inquire whether an
applicant has a disability for determining if that person is
eligible to live in mixed population (elderly/disabled) housing or
housing designated for persons with disabilities;
• An inquiry to determine if an applicant qualifies for housing that
is legally available on a priority basis to persons with
disabilities or to persons with a particular disability. This
means a PHA may ask applicants if they need units with accessible
features, including units designed to be accessible for persons
with hearing and/or visual impairments, or if they qualify for a
housing choice voucher designated for persons with disabilities
only.
Verification of eligibility for PHA programs and benefits for persons
with disabilities: PHAs are required to verify that an applicant
qualifies as a person with a disability before permitting them to move
to housing designated for persons with disabilities, or granting the
$400 rent calculation deduction, disability expense allowance, or
deduction for unreimbursed medical expenses. Applicants and residents
cannot be compelled to reveal that they have a disability; however, if
they do not, they may not receive any of the benefits that such status
confers. The wisest course is to ask all applicants whether they wish
to claim disability status or need any special unit features or
methods of communication for persons with disabilities.
Note: The PHA should explain the consequences of the disclosure of
one’s disability as having possible benefits in rent calculation or
an accessible unit, and required verification of disability prior
to receipt of the particular benefit at issue. The verification
issue is discussed in greater detail in Chapter 4 of the Public
Housing Occupancy Guidebook (June 2003).
Verification of disability and need for requested reasonable
accommodation(s):
To verify that an applicant is a person with a disability, PHA
staff can first check to see whether the applicant is under age 62
and receives either Social Security Disability Income (SSDI) or
Supplemental Security Income (SSI) income. Receipt of such
disability income is sufficient verification that an individual
qualifies as a person with a disability. However, individuals with
disabilities who do not receive SSI or SSDI may still qualify as a
person with a disability under the statutory definitions of
disability. In these cases, the individual with a disability may
need to provide supporting documentation. (Note: Refer to Chapter
4 of the Public Housing Occupancy Guidebook (June 2003) for further
information.)
If a person requests a reasonable accomodation, then the PHA may need
to verify that the person is a qualified individual with a disability
and whether a requested accommodation is necessary to provide the
individual with an equal opportunity to use or enjoy a dwelling unit,
including the public and common areas. In doing so, PHAs should only
ask for information that is actually necessary to verify that the
person has a disability and that there is a reasonable nexus between
the individual’s disability and the requested accommodation(s). PHAs
are not permitted to inquire about the nature or severity of the
person’s disability. Further, PHA staff may never inquire about an
individual’s specific diagnosis or details of treatment. If a PHA
receives documentation from a verification source that contains the
individual’s specific diagnosis, information regarding the
individual’s treatment and/or information regarding the nature or
severity of the person’s disability, the PHA should immediately
dispose of this confidential information; this information should
never be maintained in the individual’s file. If the information
needs to disposed of, the PHA should note in the individual’s file
that verification of a disability (as opposed to a specific
disability), and special features required was received, the date
received and the name and address of the person/organization that
provided the verification. Under no circumstances should a PHA
request an applicant’s or resident’s medical records, nor should PHAs
require that applicants or residents submit to physical examinations
or medical tests such as TB testing or AIDS testing as a condition of
occupancy. For further information about verification of disability
related to requests for reasonable accomodation, see HUD and the
Department of Justice (DOJ) Joint Statement on Reasonable
Accommodations under the Fair Housing Act (May 17, 2004).
http://www.hud.gov/utilities/intercept.cfm?/offices/fheo/library/hud
dojstatement.
pdf
Note: It is a violation of Section 504 and the Fair Housing Act
for a PHA to inquire whether an applicant or tenant is capable of
“living independently.” Courts have consistently held that this is
not a legitimate inquiry to make of applicants or residents in HUD-
assisted housing and PHAs should ensure that their screening
materials do not include questions related to such an inquiry.
2. Reasonable Modification to Existing Premises (see 24 CFR § 100.203) –
Applies to private owners participating in housing choice voucher
programs or other tenant-based programs, as well as to PHA owners of
existing public housing units. (see Note below.)
Under the Fair Housing Act, it is unlawful for an owner to refuse to
permit a person with a disability, at their own expense, to make
reasonable modifications of existing premises occupied or about to be
occupied by a person with a disability if such modification may be
necessary to afford the person with a disability full enjoyment of the
premises. Under certain circumstances the owner may require the
tenant to pay into an escrow account funds necessary to restore the
interior of the unit to its original condition if the modification
would interfere with the owner or next resident’s full enjoyment of
the premises (see regulation for further requirements and guidance.)
An owner may require that a resident restore modifications to the
interior of the unit.
Note: PHAs must follow the more stringent reasonable
accommodation requirements of 24 CFR §§ 8.4, 8.20, 8.24 and 8.33,
which require PHAs to pay the cost of structural changes to facilities
unless the PHA can accommodate the individual with a disability by
equally effective means, or unless such structural changes would
result in an undue financial and administrative burden (in such cases,
the PHA must provide other alternative reasonable accommodation(s).)
See also the discussion of reasonable accommodation under Section 504
above. For further information about the reasonable modifications
provisions of the Fair Housing Act, see the HUD and DOJ Joint
Statement on Reasonable Modifications Under the Fair Housing Act,
issued May 5, 2008. This statement is available at:
http://www.hud.gov/officies/fheo/disabilities/reasonable_modifications_
mar08.pdf.
3. Reasonable Accommodation (see 24 CFR § 100.204) - Applies to private
owners participating in Housing Choice Voucher programs, PHAs and all
housing providers that are recipients of Federal financial assistance.
PHAs are also covered under Section 504. (see Section I.B. above.)
The Fair Housing Act makes it unlawful for any person to refuse to
make reasonable accommodations in rules, policies, practices or
services when such accommodations may be necessary to afford persons
with disabilities equal opportunity to use and enjoy a dwelling unit,
including public and common use areas (see regulation for further
requirements and guidance). See HUD and DOJ Joint Statement on
Reasonable Accommodations under the Fair Housing Act (May 17, 2004).
http://www.hud.gov/utilities/intercept.cfm?/offices/fheo/library/huddoj
statement.pdf.
4. Design and Construction Requirements (see 24 CFR § 100.205) -
applies to housing regardless of whether it receives Federal financial
assistance. The Fair Housing Act requires that “covered multifamily
dwellings” (see definition below) built for first occupancy after
March 13, 1991, shall be designed and constructed so that:
a. At least one building entrance is on an accessible route unless it
is impractical due to terrain or unusual characteristics of the
site [see 24 CFR § 100.205(a)],
b. Public and common use areas are accessible [see 24 CFR §
100.205(c)(1)],
c. All doors into and within all premises are wide enough for passage
by persons using wheelchairs [see 24 CFR § 100.205(c)(2),
d. All premises within covered multifamily dwelling units contain the
following features of adaptable design:
i) An accessible route into and through the dwelling unit
[see 24 CFR § 100.205(c)(3)(i)]
i) Light switches, electrical outlets, thermostats and other
environmental controls, are in accessible locations
[see 24 CFR § 100.205(c)(3)(ii)]
i) Reinforcements in bathroom walls for later installation of grab
bars
[see 24 CFR § 100.205(c)(3)(iii)]
ii) Usable kitchens and bathrooms for people using wheelchairs
[see 24 CFR § 100.205(c)(3)(iv)]
The Act defines covered multifamily dwelling as:
A) buildings consisting of 4 or more units if such buildings have one
or more elevators; and
B) ground floor units in other buildings consisting of 4 or more
units.
In most cases, multistory dwelling units are not covered by the Fair
Housing Act’s design and construction requirements. There are two
exceptions: (1) If an interior elevator provides access within an
individual multistory dwelling unit, that unit is covered, and all
floors of the multistory unit must meet the Fair Housing Act’s design
and construction requirements; and (2) If a multistory townhouse is
located in a building that has one or more public elevators, the
primary entrance level of the multistory townhouse must be the story
served by the elevator, and that story must comply with the Fair
Housing Act requirements, including providing an accessible bathroom
or powder room on that story.
On March 6, 1991, the Department published Fair Housing Accessibility
Guidelines to give the building industry a safe harbor for compliance
with the accessibility requirements of the Act. See 56 Federal
Register 9472-9515, March 6, 1991. [see
http://www.hud.gov/offices/fheo/disabilities/fhefhag.cfm.] These
Guidelines were supplemented by the following notice, “Supplement to
Notice of Fair Housing Accessibility Guidelines: Questions and
Answers About the Guidelines”, published in the Federal Register on
June 28, 1994 (59 Federal Register 33362-33368, June 28, 1994). These
Guidelines and the Supplemental Notice apply ONLY with respect to the
accessibility requirements of the Fair Housing Act.
Following reviews of certain building code documents and three
subsequent editions of the ANSI A117.1 standard, the Department
currently recognizes ten documents as providing a safe harbor for
meeting the accessibility requirements of the Fair Housing Act. NOTE:
Once again, these safe harbors only apply to the Fair Housing Act.
They do not apply to the accessibility requirements mandated under
Section 504 of the Rehabilitation Act for HUD-assisted housing. The
ten safe harbors are:
1. HUD’s March 6, 1991 Fair Housing Accessibility Guidelines (the
Guidelines) and the June 28, 1994 Supplemental Notice to Fair
Housing Accessibility Guidelines: Questions and Answers About the
Guidelines;
2. ANSI A117.1-1986 – Accessible and Usable Buildings and Facilities,
used in conjunction with the Act, HUD’s regulations and the
Guidelines;
3. CABO/ANSI A117.1-1992 – Accessible and Usable Buildings and
Facilities, used in conjunction with the Act, HUD’s regulations,
and the Guidelines;
4. ICC/ANSI A117.1-1998 - Accessible and Usable Buildings and
Facilities, used in conjunction with the Act, HUD’s regulations,
and the Guidelines;
5. HUD’s Fair Housing Act Design Manual;
6. Code Requirements for Housing Accessibility 2000 (CRHA), approved
and published by the International Code Council (ICC), October
2000;
7. International Building Code (IBC) 2000, as amended by the IBC 2001
Supplement to the International Codes; and
8. 2003 International Building Code (IBC), with one condition.
Effective February 28, 2005 HUD determined that the IBC 2003 is
a safe harbor, conditioned upon ICC publishing and distributing a
statement to jurisdictions and past and future purchasers of the
2003 IBC stating, “ICC interprets Section 1104.1, and specifically,
the Exception to Section 1104.1, to be read together with Section
1107.4, and that the Code requires an accessible pedestrian route
from site arrival points to accessible building entrances, unless
site impracticality applies. Exception 1 to Section 1107.4 is not
applicable to site arrival points for any Type B dwelling units
because site impracticality is addressed under Section 1107.7.”
9. ICC/ANSI A117.1-2003 – Accessible and Usable Buildings and
Facilities, used in conjunction with the Act, HUD’s regulations and
the Guidelines; and
10. 2006 International Building Code, with a January 31, 2007, erratum
to correct the text missing from Section 1107.7.5 and interpreted
in accordance with the relevant 2006 IBC Commentary.
Note: It should be noted that the ANSI A117.1 standard contains only
technical criteria, whereas the Fair Housing Act, HUD’s regulations,
and the Guidelines contain both scoping and technical criteria.
Therefore, in using any of the ANSI standards, it is necessary to also
consult the Fair Housing Act, HUD’s regulations, and the Guidelines
for the scoping requirements. The CRHA and the IBC contain both
scoping and technical criteria and are written in building code
language.
In many cases, properties constructed with Federal financial
assistance from HUD must meet both Section 504 new construction
requirements applicable to PHAs at 24 CFR § 8.22 and the Fair Housing
Act design and construction requirements. For example:
• A new construction project consisting of a building with a central
public elevator is constructed with Federal financial assistance
from HUD is required to have 100 percent of the dwelling units meet
the Fair Housing Act design and construction requirements (see 24
CFR 100.205), and of this 100 percent, 5 percent, or at least one
unit, whichever is greater, is also required to comply with the
stricter accessibility requirements of Section 504 and 24 CFR 8.22.
In addition, Section 504 requires that an additional 2 percent of
the units, or at least one unit, whichever is greater, be made
accessible for persons with visual or hearing impairments. See 24
CFR § 8.22 (b).
• In a newly-constructed 100-unit two-story walk-up apartment
building with no elevator that is constructed with Federal
financial assistance, Section 504 requires a total of five
accessible units for persons with mobility disabilities (5 percent
of 100 units = 5 accessible units). Further, these 5 units must be
located on the ground floor, and be built to comply with the
Section 504 accessibility requirements at 24 CFR §§ 8.22 and 8.32.
In addition, if half of the 100 units are on the ground floor, all
50 of these ground floor units must comply with the Fair Housing
Act’s design and construction requirements. In addition, Section
504 requires that an additional 2 percent of the units must be
accessible for persons with vision or hearing impairments. See 24
CFR § 8.22 (b). These units can be located on either floor.
Note: Section 504 requires that an additional 2 percent of the units
must be accessible for persons with vision or hearing impairments.
These units can be located on either floor of the two-story walk-up,
non-elevator building. See 24 CFR § 8.22 (b).
• A development consisting entirely of attached multistory dwelling
units is not a covered multifamily dwelling for purposes of the
Fair Housing Act’s design and construction requirements at 24 CFR §
100.205. However, if any of the multistory dwelling units has an
internal elevator, that dwelling unit and any public and common use
spaces would be required to be accessible under the Fair Housing
Act. On the other hand, a development of four or more single-
story, attached dwelling units would be covered by the Fair Housing
Act’s accessibility requirements. In addition, if the development
receives Federal financial assistance from HUD, Section 504
requires that 5 percent of the multistory units, or at least one
unit, whichever is greater, be accessible for persons with mobility
disabilities and an additional 2 percent of the units, or at least
one unit, whichever is greater, be accessible for persons with
hearing or vision impairments. See 24 CFR § 8.22. For those
units required to be accessible for persons with mobility
disabilities, this may be accomplished by making 5 percent of the
multistory units accessible or by building 5 percent of the
development as single-story accessible units.
F. Universal Design
Universal Design is a design concept that encourages the construction or
rehabilitation of housing and elements of the living environment in a
manner that makes them usable by all people, regardless of ability, without
the need for adaptation or specialized design. The intent of universal
design is to simplify life for everyone by making products and the building
environment more usable to as many people as possible at little or no extra
cost. Universal design should strive for social integration and avoidance
of discrimination, stigma, and dependence. By designing housing that is
accessible to all there will be an increase in the availability of
affordable housing for all, regardless of age or ability. See
http://www.design.ncsu.edu/cud.
Note: Universal Design concepts do not typically reach all of the
requirements of accessibility laws like Section 504 and the Fair Housing
Act, therefore, care must be taken to ensure that the requirements of all
applicable laws are met in projects promoting universal design.
II. PROGRAM Specific Compliance/Activities
A. Housing Choice Voucher Program
[see Notice PIH 2005-05 and subsequent reinstatements by Notice PIH
2006-21 and PIH Letter L-2007-1: New Freedom Initiative, Executive
Order 13217: “Community-Based Alternatives for Individuals with
Disabilities,” and the Housing Choice Voucher Program.]
1. PHAs may give preference in admission to applicants with disabilities
based on local needs and priorities. However, the PHA may not give a
preference for admission of persons with a specific disability. See
24 CFR § 982.207(b)(3).
2. A person with disabilities may choose a suitable unit from among units
available for rent in the local rental market.
A PHA has the discretion to approve exception payments standards up to
110 percent of the Fair Market Rent when requested as a reasonable
accommodation. See 24 CFR § 982.505(d). The HUD field office may
approve an exception payment standard amount within the upper range
(between 110-120% of the Fair Market Rent) if required as a reasonable
accommodation for a family that includes a person with disabilities.
Any exceptions to the payment standards would be granted as a
reasonable accommodation after the family with a person with
disabilities locates a unit if needed as a reasonable accommodation.
See 24 CFR § 982.503(c)(2)(ii) and 24 CFR § 8.28(a)(5). Requests for
exception rents above 120% that are needed as a reasonable
accommodation for a person with a disability to allow the person to
rent an appropriate unit must be submitted to HUD headquarters for
regulatory waiver and approval.
3. A PHA may approve the leasing of a unit from a relative to provide
reasonable accommodation for persons with disabilities. See 24 CFR §
982.306(d) also see
http://www.hud.gov/offices/pih/publications/notices/09/pih2009-22.pdf
for additional guidance on live-in aides.
4. Owners of private rental units leased with voucher assistance must
make reasonable accommodations in rules, policies, practices or
services if necessary for a person with disabilities to use the
housing and must allow the person with a disability to make reasonable
modifications in accordance with 24 CFR § 100.203. See also 24 CFR §
100.204 (a).
B. Section 8/Homeownership Option 24 CFR § 982.625 – thru § 982.643
1. A disabled family meets the first-time homeowner requirement even if
the family owned a home within the last three years if use of the
homeownership option is needed as a reasonable accommodation so that
the housing choice voucher program is readily accessible to and usable
by the family member with a disability. See 24 CFR § 982.627 (b)(3
2. The PHA must count welfare assistance for a disabled family in
determining whether the family meets the minimum annual income used to
determine if a family member qualifies for commencement of home
ownership assistance. See 24 CFR § 982.627(c)(2)(i).
3. The full-time employment eligibility requirement does not apply to a
family with a disability. See 24 CFR§ 982.627(d)(3).
4. The limit on the length of time a family may receive homeownership
assistance does not apply to families with disabilities. See 24 CFR§
982.634(c).
5. Covered homeownership expenses may include principal and interest on
mortgage
debt incurred by the family to finance the cost of making the home
accessible for a
family member with a disability if the PHA determines the allowance
of such costs is
needed as a reasonable accommodation. See 24 CFR §
982.635(c)(vii).
C. Project-based Voucher Program
1. PHAs, at their discretion, may choose to use up to 20 percent of their
tenant-based assistance for project-based subsidies to encourage the
development of projects for persons with disabilities.
2. Under the new law governing project-based assistance, only 25 percent
of the units in a project may be subsidized. However, the law allows
an exception for units for families with disabilities, elderly
families and for families who receive supportive services.
NOTE: 24 CFR § 983.251(d) states that PHAs may give preference to
disabled families who need services offered at a particular project in
accordance with certain limits. Limits include: families with
disabilities that significantly interfere with the ability to obtain
and maintain themselves in housing; families who, without appropriate
supportive services, will not be able to obtain or maintain themselves
in housing; and for families whom such services cannot be provided in
a non-segregated setting. Disabled persons cannot be required to
accept the particular services offered in a project. In advertising
the project, the owner may advertise the project as offering services
for a particular type of disability; however, the project must be open
to all otherwise eligible persons with disabilities who may benefit
from the services provided in the project.
D. Capital Fund Program
Planning. Regulations governing the Capital Fund at 24 CFR 968
require compliance with statutory and regulatory requirements
prohibiting discrimination against persons with disabilities. PHAs
must ensure that all work is in compliance with these requirements in
conducting Capital Fund activities.
a. Substantial Alterations. The requirements for new construction at
24 CFR § 8.22(a) and (b) are applicable for all units
that are substantially
altered. [see definition of substantial alteration at 24
CFR § 8.23(a)].
b. Other Alterations. If alterations are not substantial, then PHAs
are required to provide accessible units up to 5 percent of the
units in the development or replace the elements being modernized
with accessible elements in all units of the project. PHAs should
provide an additional 2 percent of the units for persons with
hearing or vision impairments. See 24 CFR § 8.23 (b).
c. Reasonable Accommodations. PHAs should include in their
projections of
modernization needs amounts to cover known and projected
alterations to
units and facilities to address reasonable accommodation
requests on a case-by-case basis.
d. Residents/Advocacy Consultation. PHAs are encouraged to ensure
that, at least yearly, residents with disabilities and advocates
for persons with disabilities have an opportunity to provide input
on modernization plans and activities.
The housing needs of persons with disabilities, accessible units and
compliance
with Section 504, the ADA, and the FHA are required to be addressed in
accordance with 24 CFR § 903.7. Also, see 24 CFR Part 903 for
additional related requirements.
Note: Modernization activities covered by statutory civil rights
requirements such as Section 504, the ABA, the FHA and the ADA take
precedence over non-emergency modernization activities.
E. HOPE VI
1. HOPE VI Notice of Funding Availability (NOFA) Accessibility
Requirements.
The design of proposed new construction and/or rehabilitation of
housing must
conform to the civil rights statutes and regulations delineated
in each Grantee’s
Grant Agreement.
2. Accessible For-Sale Units. The HOPE VI Program encourages PHAs to
include 5 percent of for-sale units accessible for persons with
mobility impairments and 2 percent for persons with hearing and vision
impairments.
3. Visitability. The HOPE VI Program strongly encourages making as many
“visitable” units as possible. Visibility standards recommended by
HUD apply to units that
are not otherwise covered by accessibility requirements. The elements
of visitability are also described in the Glossary of HOPE VI terms,
which are posted to the HOPE VI website. See
http://www.hud.gov/hopevi.
2. Advocacy Consultation/Participation. The HOPE VI Program encourages
PHAs to work with local advocacy groups that represent persons with
disabilities, the elderly and other special needs populations in
developing HOPE VI plans.
3. Relocation Units. HOPE VI funds can be used to modify units to be
occupied by families in the Housing Choice Voucher Program to make
them accessible for residents with disabilities. The Department has
determined that the costs of accessibility modification in rental
units which are necessary for persons with disabilities who receive
tenant-based relocation assistance under the voucher program in
connection with a HOPE VI project are eligible HOPE VI expenditures.
The method of implementation is to be determined by each individual
locality.
4. Homeownership Design Handbook. To order a copy of strategies for
providing accessibility and visitability for HOPE VI and mixed
finance homeownership, go to the publications and resources page of
the HOPE VI website at
http://www.hud.gov/offices/pih/programs/ph/hope6/pubs/index.cfm.
5. Designated Housing Plans. All allocation plan applications for
designated housing are now published on HUD’s web site at
www.hud.gov/pih.
8. Single People with Disabilities. The HOPE VI program encourages 1
bedroom
units for single people with disabilities.
9. Accessible Townhouse Design. In addition to the designs already
available and in
use, HOPE VI will continue to explore design alternatives for
townhouse dwellings.
F. Choice Neighborhood Program
1. Choice Neighborhood Notice of Funding Availability (NOFA)
Accessibility
Requirements. Must meet all applicable accessibility standards.
G. Admission/Occupancy
1. Application Process. PHAs must ensure that all employees who are
involved in the application process understand how to conduct tenant
selection and screening without discriminating on the basis of any
protected class, in particular applicants with disabilities. All
application offices must be accessible. The PHA must provide
accessible materials for persons with sight and hearing impairments
and otherwise provide effective communication, upon request. See 24
CFR § 8.6 and § 8.54(c). A PHA must make special arrangements to take
the application of persons who are unable to come to the PHA’s offices
because of a disability. At the initial point of contact with each
applicant, the PHA must inform all applicants of alternative forms of
communication. See 24 CFR § 8.6.
2. Effective Communication/Provision of Auxiliary Aids & Services:
The PHA shall provide appropriate auxiliary aids and services, where
necessary, to afford an individual with disabilities an equal
opportunity to participate in the PHA’s programs, services and
activities. In determining what auxiliary aids are appropriate, the
PHA shall give primary consideration to the request(s) of the
individual with disabilities unless doing so would result in a
fundamental alteration of the PHA’s programs or in undue financial and
administrative burden. If an action would result in such an
alteration or burdens, the PHA shall take any other action up to the
point that would not result in such an alteration or such burdens but
would nevertheless ensure that, to the maximum extent possible,
individuals with disabilities receive the benefits and services of the
PHA’s program or activity.
The PHA is not required to provide individually prescribed devices,
readers for personal use or study, or other devices of a personal
nature. See 24 CFR § 8.6, 28 CFR §§ 35.160 and 35.161.
When the PHA has initial contact with the applicant, resident, or
member of the public, the PHA staff should ask whether the applicant,
resident, or member of the public requires an alternate form of
communication. Examples of alternative forms of communication might
include, but are not limited to: the provision of a qualified sign
language interpreter; having written materials explained orally by
staff either in person or by telephone; provision of written materials
in large/bold font; information on audiocassette; permitting
applicants to file applications by mail; and permitting alternative
sites for the receipt of applications.
In addition, the PHA may never require the applicant to provide, or
pay for, his/her own sign language interpreter. Rather, it is always
the PHA’s responsibility to provide, upon request, a qualified sign
language interpreter. However, the PHA’s responsibility to provide a
qualified sign language interpreter does not preclude an individual’s
right to have a friend, relative or advocate accompany him/her for
purposes of conducting business with the PHA.
3. Live-in-Aides. In some cases, individuals with disabilities may
require a
live-in-aide. A PHA should consider a person a live-in-aide if the
person: (1) is determined to be essential to the care and well being
of a family
member with a disability; (2) is not obligated to support the
family member; and
(3) would not be living in the unit except to provide the
supportive services. A
live-in-aide should not be required to share a bedroom with
another member of
the household. See 24 CFR §§ 966.4(d)(3) and 982.316,
982.402(b).
4. Verification. The PHA may verify a person’s disability only to the
extent
necessary to ensure that applicants are qualified for the housing for
which they are
applying; that applicants are qualified for deductions used in
determining adjusted
income; that applicants are entitled to any preference they may claim;
and that
applicants who have requested a reasonable accommodation have a need
for the
requested accommodation. A PHA may not require applicants to provide
access
to confidential medical records in order to verify a disability nor
may a PHA
require specific details as to the disability. A PHA may require
documentation of the manifestation of the disability that causes a
need for a specific reasonable accommodation or accessible unit. A
PHA may not seek the individual’s specific diagnosis, nor may the PHA
seek information regarding the nature, severity or effects of the
individual’s disability.
5. Vacant Accessible Units. In order to maximize the use of
accessible features of the unit, if an appropriate size accessible
unit is not available, a PHA may consider over-housing an applicant
with a disability who needs an accessible unit. See 24 CFR § 8.27.
If there is not an eligible, qualified resident or applicant with
disabilities on the waiting list who wishes to reside in the
available, accessible or adaptable unit, then the PHA may offer the
unit to an applicant on the waiting list or another resident who does
not need the accessible features of the unit. See 24 CFR § 8.27.
However, the PHA may require the applicant or resident to execute a
Lease/Lease Addendum that requires the resident to relocate at the
PHAs expense to a vacant, non-accessible unit within thirty (30) days
of notice by the PHA that there is an eligible applicant or existing
resident with disabilities who requires the accessibility features of
the unit. See discussion in Section I.B(8).
In addition, the PHA should maintain an adequate pool of eligible
applicants with disabilities who require accessible or adaptable units
so that when such a unit becomes available, there is an eligible
applicant with disabilities ready and willing to rent the unit. See 24
CFR § 8.27. The PHA should also conduct outreach activities for income-
eligible persons with disabilities. The outreach activities may
include, but are not limited to publicity/advertising in local print
media, contacts with advocacy groups representing persons with
disabilities and other entities that come into contact with persons
with disabilities such as social service agencies, medical providers,
etc.
Reminder – As noted previously in Section I.B.8 – “Occupancy of
Accessible Dwelling Units” – Section 504 requires that accessible units
must be offered first to a current PHA resident in need of the
accessible features of the available accessible unit and second to a
qualified applicant with a disability on the PHA’s waiting list who
requires the accessibility features of the vacant, accessible unit.
See 24 CFR § 8.27.
6. Screening/Reasonable Accommodations. Many applicants with
disabilities will pass screening, will not need a reasonable
accommodation, will not need special accessibility features, and will
be admitted in exactly the same manner as applicants without
disabilities. Applicants who fail screening will receive a rejection
letter. This letter must provide all applicants with information
concerning the PHA’s informal review process and their right to request
a hearing. The letter must also state that applicants with
disabilities have the right to request reasonable accommodations to
participate in the informal hearing process. The PHA is obligated to
provide such reasonable accommodation unless doing so would result in a
fundamental alteration in the nature of the PHA’s program.
If requested by the applicant, a PHA must consider verifiable
mitigating circumstances that explain and/or overcome any prior
misconduct related to a previous tenancy. If a reasonable
accommodation would allow an applicant with a disability to meet the
eligibility requirements for housing, a housing provider must provide
the requested accommodation.
A reasonable accommodation allows the applicant with a disability to
meet essential requirements of tenancy; it does not require the PHA to
reduce or waive essential eligibility or residency requirements.
Examples of reasonable accommodations include, but are not limited to:
physical alteration of units; making services and programs currently
located in an inaccessible location in an alternate, accessible
location; and revising the PHA’s policies and procedures. The PHA
should focus on finding a reasonable accommodation that will permit the
applicant with a disability to comply with the essential obligations of
tenancy. A PHA is not required to excuse the applicant from meeting
those requirements. The PHA should provide all applicants with
information regarding the PHA’s Reasonable Accommodation Policy and
Procedures at the time they apply for admission and at every annual re-
certification. Each PHA must have a reasonable accommodation policy.
The PHA’s responsibility to provide reasonable accommodations for
applicants and residents is present at all times, including during
lease enforcement. See discussion in Section I.B.(7).
7. Unit Size. In public housing, a family with a disability may need a
unit that is larger than the PHA’s permitted occupancy standards. It
is unlawful to fail to provide a reasonable accommodation which denies
such a family the opportunity to apply for and obtain a larger unit if
the disability of the family member requires this type of
accommodation.
8. Unit Location. In public housing, a family applying for a unit or
requesting a transfer may need a first floor unit due to a disability.
Note: Persons with disabilities cannot be required to occupy first
floor units in elevator buildings, or in non-elevator buildings if the
person is able to and wishes to use stairs.
9. Pets: Regular PHA pet policies do not apply to animals that are used
to assist persons with disabilities and are necessary as a reasonable
accommodation. [An “assistance animal” is an animal that is needed as
a reasonable accommodation for persons with disabilities. An
assistance animal is not considered a “pet” and thus, is not subject
to the PHA’s pet policy. Assistance animals are animals that work,
provide assistance, perform tasks for the benefit of a person with a
disability or provide emotional support that alleviates one or more
identified symptoms or effects of a person’s disability.] See
regulation published on October 27, 2009, 24 CFR Part V, Pet Ownership
for the Elderly and Persons with Disabilities, Final Rule.
A PHA may not refuse to allow a person with a disability to have an
assistance animal merely because the animal does not have formal
training. Some, but not all animals that assist persons with
disabilities are professionally trained. Other assistance animals are
trained by the owners and, in some cases, no special training is
required. The question is whether or not the animal performs the
assistance or provides the benefit needed by the person with a
disability.
Assistance animals are exempt from a PHA’s “pet” restrictions or a
PHA’s policy requiring pet deposits or monthly pet fees. However, all
reasonable lease provisions relating to health and safety apply to
assistance/service animals such as maintaining the premises in a clean
and sanitary condition and ensuring that neighbors enjoy their
premises in a safe and peaceful manner.
H. Visitability
1. Visitability Concept. Although not a requirement, it is recommended
that all
design, construction and alterations incorporate, whenever
practical and economical,
the concept of visitability in addition to the requirements
under Section 504, the
Architectural Barriers Act, Title II of the Americans with
Disabilities Act and the Fair
Housing Act.
Visitability is a design concept, for very little or no additional
cost, that enhances
the ability of persons with disabilities to interact with their
neighbors, friends and
associates in the community. See
www.huduser.org/publications/pubasst/strategies.html.
2. Design Considerations. Visitability design incorporates the following
in all new
construction or alterations, in addition to other requirements
mandated by the accessibility laws discussed in this Notice, whenever
practical, for as many units as possible within a development:
a. Provide at least one entrance grade (no steps) approached by an
accessible route such as a sidewalk; and
b. Provide an entrance door, and all interior passage doors, that are
at least 2 feet 10 inches wide allowing 32 inches of clear passage
space.
3. Benefits of Visitability. Visitability also expands the availability
of housing
options for individuals who may not require full accessibility.
It will assist PHAs
in making reasonable accommodations and reduce, in some cases,
the need for
transfers when individuals become disabled in place.
Visitability will also
improve the marketability of units.
I. Accessibility Funding Sources
PHA Capital Fund, PHA operating budgets, PHA operating reserves, PHA
Housing Choice Voucher administrative fees and administrative fee
reserves, State or local Community Development Block Grant funds, State
and local HOME Program funds, Corporate donations, non-profit
contributions from organizations such as Rotary Clubs, Lions Clubs,
sororities/fraternities, etc., subject to applicable program
requirements.
For further information about this Notice, contact the nearest HUD Office
of Public Housing within your State. Locations of these offices are
available on HUD’s website at http://www.hud.gov/.
/s/
Sandra B. Henriquez, Assistant Secretary for
Public and Indian Housing
-----------------------
[1] 29 U.S.C. § 794; 24 CFR Part 8
[2] 42 U.S.C. §§ 12101 et seq.; 28 CFR Part 35
Source: Legislative text reproduced verbatim
Plain English
PIH Notice 2010-26 consolidates and restates the non-discrimination and accessibility obligations that apply to public housing agencies (PHAs) and other recipients of federal funds administered through HUD's Office of Public and Indian Housing. Under this notice, covered entities must comply with a layered set of federal laws—including Section 504 of the Rehabilitation Act, Title II of the ADA, the Architectural Barriers Act, and the Fair Housing Act—each of which imposes distinct requirements for accessible design, reasonable accommodations, program accessibility, and non-discriminatory admissions. Where these laws overlap, the most stringent standard governs. The notice does not create new law but serves as a comprehensive compliance reference, directing recipients to the underlying regulations at 24 CFR Part 8, 28 CFR Part 35, and 24 CFR Part 100 for full requirements.
Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026
Plain English — not legal advice.
For Property Managers
Property owners and managers operating under HUD's public housing or Housing Choice Voucher programs should treat PIH Notice 2010-26 as a compliance checklist spanning construction, admissions, and ongoing operations. Compliant operators typically maintain current self-evaluations and transition plans as required under 24 CFR § 8.51, ensure that at least 5 percent of units are accessible for persons with mobility impairments and an additional 2 percent for persons with hearing or vision impairments per 24 CFR § 8.22, and follow the priority-order occupancy sequence for accessible units set out in 24 CFR § 8.27. Operators also generally maintain written reasonable accommodation policies, provide auxiliary aids and effective communication upon request, and ensure that assistance animals are not treated as pets subject to standard pet restrictions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For Tenants
Tenants and applicants with disabilities in HUD-assisted housing have a range of rights described in PIH Notice 2010-26, including the right to request reasonable accommodations in rules, policies, or physical features of a unit without being required to disclose a specific diagnosis or submit to medical testing. Under 24 CFR § 8.27, accessible units must be offered first to current residents who need their features, and PHAs are generally required to cover moving costs when transferring a resident to an accessible unit as an accommodation. Tenants who believe a PHA or participating owner is not meeting these obligations may raise the issue with HUD's Office of Fair Housing and Equal Opportunity, contact a local tenant-rights or disability-advocacy organization, or consult an attorney familiar with Section 504, the ADA, or the Fair Housing Act to understand available enforcement paths.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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