![](media/image1.wmf){width="0.7277777777777777in"
height="0.7069444444444445in"} **U.S. Department of Housing and Urban
Development**

Office of Public and Indian Housing

**[Special Attention of:]{.smallcaps}** **[NOTICE PIH 2006-13
(HA)]{.smallcaps}**

Regional Directors; State and Area

Coordinators; Public Housing Hub Issued: March 8, 2006

Directors; Program Center Coordinators;

Troubled Agency Recovery Center Directors; Expires: March 31, 2007

Special Applications Center Director;
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Public Housing Agencies; Cross Reference: Notice

Housing Choice Voucher/Section 8 Public **[PIH 2003-31
(HA)]{.smallcaps}**

Housing Agencies; Resident

Management Corporations.

Subject: Non-Discrimination and Accessibility for Persons with
Disabilities

1.  [[Purpose]{.underline}:]{.smallcaps} 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.

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2.  [[Applicability]{.underline}]{.smallcaps}: This Notice applies to
    all programs and activities receiving federal financial assistance
    either directly or indirectly from the Office of Public and Indian
    Housing.

Federal financial assistance and programs or activity are both defined
very broadly. See 24 CFR 8.3 for the regulatory definitions.

Contractors or other agents of PHAs performing covered work or
conducting covered activities on behalf of PHAs are subject to the
requirements of this Notice.

3.  [[Background]{.underline}:]{.smallcaps} 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]{.underline}]{.smallcaps}: It is recommended that
    public housing agencies (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 subject legislation 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]{.smallcaps}

1.  [Section 504 of the Rehabilitation Act of 1973 (Section
    504)]{.underline}[^1][; Title II of the Americans with Disabilities
    Act of 1990 (ADA)]{.underline}[^2][:]{.underline}

> 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). *See also* 24 C.F.R. §
> 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 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]{.smallcaps}**

\[*See* <http://www.hud.gov/offices/fheo/disabilities/504keys.cfm>;

*See also*
<http://www.access.gpo.gov/nara/cfr/waisidx_00/24cfr8_00.htm>\]

[1]{.smallcaps}. [New Construction \[24 CFR § 8.22 (a) and
(b)\]]{.underline}. 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, unless HUD prescribes a higher number
or percentage pursuant to 24 C.F.R. § 8.23 (b)(2). 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.  [Substantial Alterations \[24 CFR § 8.23 (a)\].]{.underline} 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.

3.  [Other Alterations \[24 CFR § 8.23 (b)\]]{.underline}. 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]{.underline} 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.)

4.  [Adaptable Units:]{.underline} 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 C.F.R. §§ 8.3 and 8.32; UFAS. § 4.3. *See* 24
    C.F.R. §§ 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. **\[NOTE: A unit that
> meets the requirements of the Fair Housing Act Design & Construction
> requirements is [NOT]{.underline} equivalent to an Adaptable or
> Accessible Unit as defined by UFAS and Section 504.\]**

5.  [Uniform Federal Accessibility Standards (UFAS) 24 C.F.R. §
    8.32]{.underline} --

\[*See* <http://www.access-board.gov/ufas/ufas-html/ufas.htm>\]

The applicable accessibility standards for purposes of complying with
Section 504 are the Uniform Federal Accessibility Standards (UFAS).
*See* 24 C.F.R. §§ 8.3; 8.32 and Appendix A to 24 C.F.R. § 40. Under 24
C.F.R. § 8.32, compliance with UFAS shall be deemed to comply with the
accessibility requirements of 24 C.F.R. §§ 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]{.underline}. *See* 24 C.F.R. §
8.32 (a). The Federal Access Board promulgates the UFAS. *See*
http://www.Access-Board.gov[.]{.underline} *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 Uniform Federal Accessibility Standards (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.htm>.

6.  [Reasonable Accommodations \[24 CFR §§ 8.20, 8,21, 8.24 and
    8.33\].]{.underline} 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]{.underline} make the policy modification unless doing so
    would result in a fundamental alteration in the nature of its
    program or an undue financial [and]{.underline} administrative
    burden. If providing such an accommodation would result in an undue
    financial and administrative burden, the PHA is required to take any
    other action(s) that would not result in an undue burden financial
    and administrative burden. (See also discussion of reasonable
    accommodation 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 person 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]{.underline}. *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 that would not result in an undue
financial and 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 C.F.R. §§ 8.22, 8.23 and 8.25.**

7.  [Distribution of Accessible Dwelling Units (24 CFR §
    8.26)]{.underline}. 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.

8.  [Occupancy of Accessible Dwelling Units (24 CFR §
    8.27)]{.underline}. 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 PHAs 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 C.F.R. § 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 that their program is usable and accessible to
    persons who need units with accessible features. 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.

9.  [PHA Requirements for the Housing Choice Voucher Program (24 CFR §
    8.28)]{.underline}.

> [\[*See*]{.underline} Notice PIH 2005-05: New Freedom Initiative,
> Executive Order 13217: "Community-Based Alternatives for Individuals
> with Disabilities," and the Housing Choice Voucher Program\]

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 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.

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10. [Non-housing Facilities (24 C.F.R. § 8.21]{.underline}). 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 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 on Section I. B, item 5
of this Notice.

11. [Accessibility Standards (24 CFR § 8.32)]{.underline}. The design,
    construction or alteration of buildings in conformance with the
    Uniform Federal Accessibility Standards (UFAS) is deemed to comply
    with accessibility requirements of 24 CFR §§ 8.3, 8.21, 8.22, 8.23
    and 8.25 with respect to those buildings. This does not require
    building alterations to remove or alter a load-bearing or structural
    member.

12. [Common Areas]{.underline}. 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 C.F.R. § 8.24(a)
    and 28 C.F.R. § 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 C.F.R. § 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 C.F.R. § 8.24 (b).

**[C. Architectural Barriers Act (ABA) of 1968/24 CFR 40 -- Major
Provisions]{.smallcaps}**

[Accessibility Standards for Design, Construction and Alteration of
Publicly Owned Residential Structures (24 CFR § 40.4]{.underline}) - The
Architectural Barriers Act (ABA) provides that residential structures
that 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 or
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; shall be
constructed to ensure that persons with physical disabilities have
access to and use of these structures. Buildings constructed with
Federal funds are subject to the ABA. *See* 24 C.F.R. § 40.2.

[All residential structures designed, constructed or altered that
covered by the ABA must comply with the accessibility requirements of
the Uniform Federal Accessibility Standards (UFAS).]{.underline}.

[UFAS Notes]{.underline}:

-   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,
    currently the UFAS.

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-   Figure 47(a) in UFAS does [not]{.underline} permit the water closet
    to encroach on the clear, unobstructed (*see* UFAS §3.5) floor space
    required to provide an unobstructed 60" 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.

-   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% units that are required to
    be accessible for persons with hearing impairments, it is
    recommended that PHAs follow either the 1998 or 2003 edition of
    ICC/ANSI A117.1 Standard for Accessible and Usable Buildings and
    Facilities. The 1998 edition includes criteria for such dwelling
    units in Chapter 10, Section 1004, Dwelling Units with Accessible
    Communication Features. The 2003 edition includes these criteria in
    Chapter 10, Section 1005. These Standards are available through the
    International Code Council, 5203 Leesburg Pike, Suite 600, Falls
    Church, VA 22041-3405.

> 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]{.underline}) --]{.smallcaps}**

1.  [Applicability]{.underline}. 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]{.underline}. 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 (28 CFR § 35.133).

3.  [Non-discrimination]{.underline}. A public entity shall operate each
    service, program or activity so that when viewed in it entirety,
    each service, program or activity is readily accessible to and
    usable by individuals with disabilities (28 CFR § 35.150).

4.  [Design and Construction]{.underline}. 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 (28 CFR § 35.151(a)).

5.  [Alterations]{.underline}. 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. (28 CFR §
    35.151(b)).

6.  [Accessibility standards]{.underline}. 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]{.underline}
    that the elevator exemption contained at §§ 4.1.3(5) and 4.1.6(1)(j)
    of the ADA Standards shall not apply. (28 CFR § 35.151(c)). (Note:
    The title II regulations at 24 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.).

7\. [Common Areas]{.underline}. 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 C.F.R. § 8.24(a) and 28 C.F.R. §
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, 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 C.F.R. §
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 C.F.R. § 8.24 (b).

**[E. The Fair Housing Act/24 CFR Part 100]{.smallcaps}**

\[*See* <http://www.usdoj.gov/crt/housing/title8.htm>;

*see also*
[http://www.access.gpo.gov/nara/cfr/waisidx_00/24cfr100_00.html]{.underline}\]

1.  [Illegal Inquiries]{.underline} (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]{.underline} 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:]{.underline} 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:]{.underline}** 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):]{.underline}
>
> 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 accommodation, 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. 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 DOJ *Joint Statement on Reasonable Accommodations under the Fair
> Housing Act* (May 17, 2004).
>
> <http://www.hud.gov/utilities/intercept.cfm?/offices/fheo/library/huddojstatement.pdf>nquiries
> related to
>
> **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 (24 CFR §
    100.203)]{.underline} -- 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 (But 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, discussion of
reasonable accommodation under Section 504 above.

> 3\. [Reasonable Accommodation (24 CFR § 100.204)]{.underline} -
> 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/huddojstatement.pdf>.
>
> 4\. [Design & Construction Requirements (24 CFR §
> 100.205)]{.underline} - applies to housing regardless of whether it
> receives federal financial assistance. The Fair Housing Act requires
> that covered multifamily dwellings, available for first occupancy
> after March 13, 1991shall be designed and constructed so that:

a.  At least one building entrance is on an accessible route unless
    impractical due to terrain \[24 CFR § 100.205(a)\],

b.  Public and common use areas are accessible \[24 CFR §
    100.205(c)(1)\],

c.  All doors into and within all premises are wide enough for passage
    by persons using wheelchairs

> \[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

    \[24 CFR § 100.205(c)(3)(i)\]

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i.  Light switches, outlets, electrical outlets, thermostats and other
    environmental controls, etc. are in accessible locations

    \[24 CFR § 100.205(c)(3)(ii)\]

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i.  Reinforcements in bathroom walls for later installation of grab bars

    \[24 CFR § 100.205(c)(3)(iii)

ii. Usable kitchens and bathrooms for people using wheelchairs

\[24 CFR § 100.205(c)(3)(iv)\]

> The Act defines "covered multifamily dwelling" as:

a\. dwellings in buildings with four or more units served by one or more

elevators, and

> b\. ground floor units in other buildings with four or more units
> except townhouses without internal elevators.
>
> 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]{.underline} [Register]{.underline} 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]{.underline} [Register]{.underline} on June 28, 1994 (59
> [Federal]{.underline} [Register]{.underline} 33362-33368, June 28,
> 1994). These Guidelines and the Supplemental Notice apply
> [ONLY]{.underline} with respect to the accessibility requirements of
> the Fair Housing Act.
>
> Following reviews of certain building code documents and two
> subsequent editions of the ANSI A117.1 standard, the Department
> currently recognizes eight documents as providing a safe harbor for
> meeting the accessibility requirements of the Fair Housing Act. NOTE:
> Once gain; these safe harbors only apply to the Fair Housing Act. They
> [do not]{.underline} apply to the accessibility requirements mandated
> under Section 504 of the Rehabilitation Act for HUD-assisted housing.
> The eight 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 purchases 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."

> **[Note:]{.underline}** 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.

**[Note]{.underline}:** In many cases, properties constructed with
Federal financial assistance must meet [both]{.underline} the Section
504 new construction requirements applicable to PHAs at 24 CFR § 8.22
and the Fair Housing Act design and construction requirements. For
example:

-   An elevator building constructed with Federal financial assistance
    would be required to have 100% of the dwelling units meet the Fair
    Housing Act design and construction requirements (24 CFR 100.205),
    and of this 100%, 5% would also need to comply with the stricter
    accessibility requirements of Section 504 and 24 CFR 8.22. .

    **[Note]{.underline}:** Section 504 requires that an additional 2
    percent of the units must be accessible for persons with vision or
    hearing impairments. 24 C.F.R. § 8.22 (b).

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-   Section 504 would require that a newly-constructed 100-unit
    two-story walk-up apartment building with no elevator that is
    constructed with Federal financial assistance is required to have a
    total of five accessible units for persons with mobility
    disabilities (5% of 100 units = 5 accessible units). If half of the
    100 units were on the ground floor and half on the second floor, all
    5 units would be required to be on the ground floor and built to
    comply with the Section 504 accessibility requirements at 24 CFR §§
    8.22 and 8.32. In addition, since all of the ground floor units are
    subject to the Fair Housing Act's design and construction
    requirements, all of the units on the ground floor would need to
    meet these requirements. For the most part, the 5% units designed to
    comply with Section 504 will meet the Fair Housing Act requirements,
    however, as noted above, there are a few Fair Housing Act
    requirements that are not required under Section 504. .

    **[Note]{.underline}**: 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 C.F.R. § 8.22
    (b).

-   A development consisting entirely of multi-story dwelling units is
    not a covered multifamily dwelling for purposes of the design and
    construction requirements at 24 CFR § 100.205 unless any of the
    multistory dwelling units have an internal elevator. 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.. However, Section 504 would require that the development
    provide 5% of the units accessible for persons with mobility
    disabilities and an additional 2% accessible for persons with
    hearing or vision impairments. This can be accomplished by making 5%
    of the multi-story units accessible or by making building 5% of the
    development as single-story accessible units. See 24 CFR § 8.22. (A
    single story townhouse development of 4 or more units would also
    have to comply with the Fair Housing Act design and construction
    requirements).

-   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]{.underline} 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.

**[F. Universal Design]{.smallcaps}**

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]{.underline}:** Universal Design concepts do not typically reach
all of the requirements of accessibility laws like Section 504 and the
Fair Housing Act and that 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]{.smallcaps}

###  A. Housing Choice Voucher Program 

> [\[*See*]{.underline} **Notice PIH 2005-05**: New Freedom Initiative,
> Executive Order 13217: "Community-Based Alternatives for Individuals
> with Disabilities," and the Housing Choice Voucher Program\]

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.

3.  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). Requests for
    exception rents above 120% that are needed as a reasonable
    accommodation to 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.

4.  A PHA may approve the leasing of a unit from a relative to provide
    reasonable accommodation for persons with disabilities. This
    provision does not apply to shared housing. *See* 24 CFR §§
    982.306(d), 982.615 (b)(3).

5.  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 C.F.R. § 100.203.
    *See also* 24 CFR § 100.204 (a).

## [B. Section 8/Homeownership Option 24 CFR § 982.625 -- thru § 982.643]{.smallcaps} {#b.-section-8homeownership-option-24-cfr-982.625-thru-982.643 .unnumbered}

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. 24 CFR § 982.(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)(ii).

3.  The full-time employment eligibility requirement does not apply to a
    family with a disability. 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. 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. 24 CFR § 982.635(c)(vii).

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6.  HUD published an interim rule on June 22, 2001, to implement the
    three-year pilot program authorized by section 302 of the [American
    Homeownership and Equal Opportunity Act of 2000]{.underline}. Under
    the pilot program, PHAs may admit families with disabilities whose
    annual income is greater than 80 percent of the area median into the
    pilot program. (However, if the annual income of a family with a
    disability participating in the pilot program exceeds 80 percent of
    the area median income, the amount of assistance the family would
    normally receive under the subsidy formula for the basic
    homeownership option is reduced.) Under the pilot, the PHA may also
    permit the family to move to a new unit with continued homeownership
    assistance if the PHA determines that the default is due to
    catastrophic medical reasons or due to the impact of a Federally
    declared major disaster or emergency.

## [C. Project-based Voucher Program]{.smallcaps}

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 building may be subsidized. However, the
    law allows an exception for projects for families with
    disabilities**,** elderly families and for families who receive
    supportive services.

> **NOTE:** 24 CFR § 982.207(b) states that PHAs may adopt a preference
> in their project-based voucher program for admission of families that
> include persons with disabilities, but may not adopt a preference for
> admission of persons with a specific disability. PIH may waive this
> regulation, if, and only if the proposed preference meets the
> requirements of 24 CFR § 8.4(b)(1)(iv) which states that a recipient
> of Federal funds may not, solely on the basis of disability, provide
> different or separate housing, aid, benefit, or services to
> individuals with disabilities or to any class of individuals with
> disabilities from that provided to others, unless *such action is
> necessary to provide qualified individuals with disabilities with
> housing, aid, benefits, or services that are as effective as those
> provided to others.*

# D. Capital Fund Program

[Planning]{.underline}. 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 C.F.R. § 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]{.underline}:** 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]{.underline}.

> 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]{.underline}. The HOPE VI Program
    encourages PHAs to include 5 percent of [for-sale]{.underline} units
    accessible for persons with mobility impairments and 2 percent for
    persons with hearing and vision impairments.

3.  [Visitability]{.underline}. 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 is posted to the HOPE VI website. *See*
    http://www.hud.gov/hopevi.

4.  [Advocacy Consultation/Participation]{.underline}. 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.

5.  [Relocation Units]{.underline}. 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.

6.  [Homeownership Design Handbook]{.underline}. 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>**[.]{.smallcaps}**

7.  [Designated Housing Plans]{.underline}. 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]{.underline}. The HOPE VI program
> encourages 1 bedroom
>
> units for single people with disabilities.
>
> 9\. [Accessible Townhouse Design]{.underline}. In addition to the
> designs already available and in
>
> use, HOPE VI will continue to explore design alternatives for
> townhouse dwellings.

## [F. Admission/Occupancy]{.smallcaps}

1.  [Application Process]{.underline}. 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 C.F.R. § 8.6.. 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 C.F.R. §
    8.6.

2.  [Effective Communication/Provision of Auxiliary Aids &
    Services]{.underline}:

> 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]{.underline} 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 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 C.F.R. § 8.6, 28 C.F.R. §§ 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.]{.underline} 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]{.underline}. 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]{.underline}. 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 C.F.R. § 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 C.F.R. § 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
C.F.R. § 8.27. The PHA should also conduct outreach activities for
income-eligible persons with disabilities. The outreach activities may
include, but is 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.

[]{.mark}

> **Reminder** -- As noted previously in Paragraph B. 7 -- "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 C.F.R. § 8.27.

[]{.mark}

> 6\. [Screening/Reasonable Accommodations]{.underline}. 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.(6).
>
> 7\. [Unit Size]{.underline}. 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.]{.underline} In public housing, a family applying
> for a unit or requesting a transfer may need a first floor unit due to
> a disability.
>
> **[Note]{.underline}**: 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:]{.underline} Regular PHA pet policies do [not]{.underline}
> apply to animals that are used to assist persons with disabilities and
> are necessary as a reasonable accommodation. \[An "Assistance Animal"
> is an animal that is needed as a reasonable accommodation for persons
> with disabilities. An assistance animal is not considered a "pet" and
> thus, is not subject to the PHA's pet policy. Assistance animals are
> animals that work, provide assistance, perform tasks for the benefit
> of a person with a disability or provide emotional support that
> alleviates one or more identified symptoms or effects of a person's
> disability.\]
>
> 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.

## [I. Visitability]{.smallcaps}

1.  [Visitability Concept]{.underline}. Although not a requirement, it
    is recommended that all

design, construction and alterations incorporate, whenever practical and
economical,

the concept of visitability [in addition]{.underline} 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]{.underline}

2.  [Design Considerations]{.underline}. Visitability design
    incorporates the following in all new

> construction or alterations, in addition to other requirements,
> whenever practical
>
> and possible for as many units as possible within a development:

a.  Provide a 32" clear opening in all bathroom and interior doorways.

b.  Provide at least one accessible means of egress/ingress for each
    unit.

> 3\. [Benefits of Visitability]{.underline}. 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.

[**J.** **Accessibility Funding Sources**]{.smallcaps}

> 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/]{.underline}

> Orlando J. Cabrera, Assistant Secretary for
>
> Public and Indian Housing

[^1]:
    > 29 U.S.C. § 794; 24 C.F.R. Part 8.

[^2]:
    > 42 U.S.C. §§ 12101 [et]{.underline} [seq]{.underline}.; 28 C.F.R.
    > Part 35.