HB-2-3560

 Appendix 5 

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APPENDIX 5 

Civil Rights Laws’ Accessibility Requirements That Apply to the 

Multi-Family Housing (MFH) Program

The Civil Rights laws covering accessibility have different implementation responsibilities but all 

provide for the protection and nondiscrimination of individuals with disabilities. Borrowers who 

fail to meet these requirements will make themselves vulnerable to damages and can be required 

to retrofit their facilities at their expense. 

Section 504 of the Rehabilitation Act of 1973

The Department of Agriculture (USDA) implemented section 504 of the Rehabilitation Act of 1973, 

on June 10, 1982, by issuing 7 CFR 15b. Section 504’s purpose is to assure that no otherwise 

qualified person with a disability is solely by reason of his or her disability excluded from benefits, 

or subjected to discrimination under any federally assisted program or activity. 

Compliance Standard: The Uniform Federal Accessibility Standards (UFAS). For more 

information see www.access-board.gov/ufas/ufas-html/ufas.htm. 

Highlights of section 504 Requirements 

In MFH projects ready for occupancy on or before June 10, 1982: 

• Borrowers are encouraged to make 5 percent of the units fully accessible. (Structural changes in 

existing facilities may not be needed where other methods are effective in achieving program

accessibility, such as reassignment of services to accessible buildings, assignment of aides to 

users, and delivery of services at alternate accessible sites. 

Borrowers are to use the method that provides the most integrated setting.) 

• Borrowers must conduct self-evaluations and, if needed, develop transition plans. 

(Borrowers must make these documents available to the public or Agency upon request.) 

• Borrowers must make common areas accessible when financially and structurally feasible. 

(Common areas include mailboxes, office, community room, trash area, playground, and laundry

facilities.) 

• When a qualified individual with a disability applies for admission, borrowers must make the 

unit accessible and usable to the individual. 

In MFH projects ready for occupancy after June 10, 1982: 

• 5 percent of the units, or one unit, whichever is greater, must be fully accessible. 

• The mix of accessible units is to be comparable to the variety of other project units (i.e., 1, 2, and 

3 bedrooms).

• All common areas must be accessible per UFAS. 

• Borrowers found in non-compliance with accessibility requirements of Civil Rights laws may be 

required to conduct “self-evaluations” and prepare “transition plans” or respond to other 

administrative and legal actions. 
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Fair Housing Act

The Department of Housing and Urban Development (HUD) issued 24 CFR100.205 to implement 

the Fair Housing Act, as amended, on January 23, 1989. The Fair Housing Act requires that buildings 

be constructed to be accessible to individuals with disabilities. 

Compliance Standard: The Fair Housing Act/Accessibility Guidelines (FHA/AG). For more 

information see www.hud.gov:80/library/bookshelf09/fhefhag.cfm. 

Highlights of Fair Housing Act Requirements 

In MFH projects ready for occupancy on or before March 13, 1991: 

• FHA/AG architectural requirements do not apply, even during project rehabilitation. 

In MFH projects ready for occupancy after March 13, 1991: 

• All first floor ground units in buildings with four or more dwelling units must be designed 

and constructed in a manner that is adaptable to individuals with disabilities. 

• All units must be adaptable if there is an elevator. 

• Covered MFH projects must have: 

1. An accessible entrance on an accessible route 

2. Accessible public and common-use areas 

3. Usable doors 

4. Accessible routes into and through the dwelling unit 

5. Accessible light switches, electrical outlets, and environmental controls 

6. Reinforced bathroom walls, and 

7. Usable kitchens and bathrooms. 

Americans with Disabilities Act (ADA)

The Department of Justice (DOJ) issued regulations at 28 CFR parts 35 and 36 to implement the 

Americans with Disabilities Act (ADA). ADA prohibits discrimination on the basis of disability in 

areas of public accommodations. ADA does not apply to residential units. 

Compliance Standard: Americans with Disabilities Act/Accessibility Guidelines (ADA/AG). 

For more information see www.access-board.gov/adaag/html/adaag.htm. 

Highlights of ADA requirements 

In MFH projects ready for occupancy on or before January 26, 1993: 

• When public areas are altered, they must be altered to ADA/AG standards. (Public areas are 

those areas used by individuals other than tenants and their guests. This includes offices used 

to pay bills or to inquire about service or employment, public restrooms, and buildings used

for voting or public meetings.) 

In MFH projects ready for occupancy after January 26, 1993: 

• Public areas must be designed and constructed to ADA/AG standards. 
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Grid to show MFH borrower architectural accessibility requirements of Civil Rights laws

and how they affect eligibility for Agency loans. 

Section 504 

Project ready 

for occupancy

on or before 6-

10-82 

Section 504 

Project ready for 

occupancy after 

6-10-82 

Fair 

Housing 

Act 

Project 

ready for 

occupancy

on or before 

3-13-91 

Fair 

Housing 

Act 

Project ready 

for occupancy

after 3-13-91 

ADA 

Project ready 

for 

occupancy on

or before 1-

26-93 

ADA 

Project ready for 

occupancy on or

before 1-26-93 

New

Construction 

Must meet

UFAS 

requirements 

Must meet

UFAS and 

FHA/AG 

requirements 

Must meet

UFAS, FHA/AG

and ADA/AG

requirements 

Rehabilitation 1. Encouraged

to meet 5% 

requirement 

2. Must meet 

common area 

requirement, if 

feasible 

3. Must

accommodate 

on request

4. Must have a

self-evaluation 

5. If required

by selfevaluation, must 

have a transition

plan 

Must meet above 

requirements or 

be addressed 

during

rehabilitation

Not 

applicable 

Must meet 

above 

requirements 

or be

addressed 

during

rehabilitation

Must meet 

UFAS and 

ADA/AG

requirements 

or be

addressed 

during

rehabilitation 

(If built after 

3/13/91, 

FHA/AG 

requirements 

apply as well)

Must meet above 

requirements or 

be addressed 

during

rehabilitation

Equity Prior to the 

receipt of 

equity, must 

meet above 

requirements 

Must meet above 

requirements or 

be addressed 

prior to receipt

of equity

Not 

applicable 

Not applicable 

(not eligible 

for equity at 

this time) 

Not 

applicable 

Not applicable 

(not eligible for 

equity at this 

time) 

Transfer without

Rehabilitation 

Prior to transfer, 

must meet

above 

requirements 

Must meet above 

requirements 

prior to transfer

Not 

applicable 

Must meet 

above 

requirements 

prior to

transfer 

Not 

applicable 

Must meet above 

requirements 

prior to transfer

Ongoing project

operations – 

monitored by 

supervisory visits 

or compliance 

reviews 

Must meet 

above 

requirements 

Must meet above 

requirements and 

must have a self

evaluation and 

transition plan if 

found in noncompliance 

Not 

applicable 

Must meet 

above 

requirements 

Not 

applicable 

Must meet above 

requirements 
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Self Evaluations and Transition Plans 

On June 11, 1982, USDA issued 7 CFR 15b, which required all borrowers to conduct selfevaluations within 1 year of the USDA regulation. In the event that structural changes were 

necessary, recipients were required to develop transition plans that set forth the steps necessary 

to complete such changes. 

Who must conduct self-evaluations and develop transition plans? 

• Borrowers of projects ready for occupancy on or before June 10, 1982. 

• Borrowers of projects ready for occupancy after June 10, 1982, where the borrower has 

been found in non-compliance with Civil Rights law (as a remedial action). 

• Borrowers who have had complaints filed against them, and the Agency determines it is 

necessary. 

• Borrowers transferring ownership. 

• Borrowers of projects receiving rehabilitation or equity loans, when the Agency 

determines it necessary.

• All state and local government borrower entities. (DOJ issued a regulation on July 26, 

1991, which requires all State and local governments to conduct self-evaluations, unless 

they had already done so to meet the requirements of section 504.) 

• Borrowers receiving loans after January 1, 2001, if a self-evaluation has not been 

previously conducted within the last 3 years. 

What standards do borrowers need to meet? 

Regardless of when a project was ready for occupancy, all borrowers are required to have 

policies and practices that do not discriminate against persons with disabilities. The architectural 

accessibility standards borrowers must meet will depend on when the project was ready for 

occupancy and what modifications are planned. In addition, many State and local governments 

have their own accessibility standards that also must be met. Rural Development does not 

have the authority to waive any of the accessibility requirements. Waivers may only be 

granted by the Secretary of Agriculture. To date, no waivers have been granted. 

What are the self-evaluation and transition plan requirements? 

In accordance with 7 CFR 15b the following is required:

Self-Evaluation 

(1) Evaluate, with the assistance of interested persons, including persons with disabilities or

organizations representing disabled persons, its current policies and practices and the effects 

thereof; 

(2) Modify, after consultation with interested persons, including disabled persons or 

organizations representing disabled persons, any policies and practices that do not meet the 

requirements of this part; 
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(3) Take, after consultation with interested persons, including disabled persons or organizations 

representing disabled persons, appropriate remedial steps to eliminate the effects of any 

discrimination that resulted from adherence to these policies and practices; and 

(4) To maintain a record of the self-evaluation for at least three years. The record must be made 

available for public inspection and be provided to the Agency upon request. The self-evaluation 

record must contain:

(a) a list of the interested persons consulted, 

(b) a description of areas examined and any problems identified, and, 

(c) a description of any modifications made and of any remedial steps taken. 

Transition Plans 

At a minimum, transition plans are required to: 

(1) Identify physical obstacles in the recipient's facilities that limit the accessibility of its 

program or activity to disabled persons; 

(2) Describe in detail the methods that would be used to make the facilities accessible; 

(3) Specify the schedule for taking the steps necessary to achieve full program accessibility and 

if the time period of the transition plan is longer than one year, identify steps that will be 

taken during each year of the transition period; and 

(4) Identify the person responsible for implementation of the plan. 

When structural changes are necessary, such changes shall be made within three years and 

as expeditiously as possible. 

Examples of policies and practices to be addressed include: 

• How will applicants and tenants be made aware that the owner will provide reasonable 

accommodations (unless doing so would cause an undue/administrative burden)?

• How will requests for reasonable accommodations be handled and who is authorized to 

approve or deny any such requests?

• Does the project have a Telecommunication Device for the Deaf (TDD) or an equally 

effective communication system? (Note: If the complex has section 8 assistance from

HUD, the complex is required to have a TDD)

• If the project has a TDD, is the public made aware that there is a TDD? For example, is 

the TDD telephone number given each time the project's telephone number is given?
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• If the project relies on a relay service as an equally effective communication system 

(rather than having a TDD), who is the relay service operated by? Is the relay service 

available 24 hours a day and without any added cost to the disabled person?

• Have procedures been established to accommodate hearing and sight impaired applicants 

and tenants. Examples of methods the borrower might use include readers, sign language 

interpreters, Braille, etc. 

• Does management give priority for fully accessible units to persons who are in need of 

the special design features of an accessible unit? Is priority given first to those living in 

the complex and then to persons on the waiting list?

• Before accessible units are temporarily rented to people who do not need the special 

design features, have there been diligent marketing efforts to market the units as 

accessible units? Have those efforts been documented? Are lease clauses used? Do 

marketing efforts continue after renting the unit to someone who does not need the 

special design features? 

• Is management's policy for verifying a person's disability limited to only that which is 

needed to establish eligibility and is verification required only after a tenant or applicant 

has asked that their disability be considered by management?

• Does management provide their employees with civil rights training?

• When marketing an elderly project, has there been an effort to reach all eligible people. 

Persons with disabilities (of any age) are every bit as eligible as persons who are 62 or 

older. Marketing efforts should be designed to reach both population groups. 

• Does the recipient notify the public that they do not discriminate on the basis of 

disability? Do materials published by the borrower contain such a notice? Use of the 

Equal Housing Opportunity logo is one means of doing so (the logo is the house with the 

equal sign and the words Equal Housing Opportunity underneath the house). 

• Does management have a policy that permits persons with disabilities to have service 

and/or companion animals?

• Does management give persons with disabilities the same choices other applicants are 

given? For example, both first and second floor apartments. 
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Monitoring compliance with the Self-Evaluation and Transition Plan 

The Agency monitors MFH borrower compliance with Civil Rights laws through the compliance 

review process. Servicing Office staff who have been trained and designated will conduct the 

compliance review using the general format of Form RD 400-8. To assure compliance with the 

self-evaluation and transition plan requirements of Civil Rights laws, during the compliance 

review Agency staff will: 

1. Visually inspect the project to determine if there are physical barriers. 

2. Review the management plan to determine project management’s method of 

informing tenants and applicants regarding requests for reasonable accommodations. 

• Visit and interview tenants to determine if the borrower has provided information 

and made reasonable accommodations upon request by the tenant. 

3. Visit and interview tenants in the fully accessible units to determine: 

• If the tenant has need of the accessibility features of the unit and is an eligible 

occupant. 

• When the tenant is an ineligible occupant of the unit, if the tenant and borrower 

have executed a lease attachment that requires the tenant to move if an individual 

needing the handicapped features applies for occupancy. 

4. Review the lease agreement, application and other documentation used by the 

borrower to determine if policies and procedures represent barriers to occupancy. 

5. Review the self-evaluation plan and transition plan and compare the physical 

inspection to determine if there are barriers present that were not addressed or 

scheduled to be removed. 

6. Where transition plans are scheduled to remove barriers over more than a one-year 

period, review the transition plan and the most recently approved budget to assure 

that borrower budgeting and the projects financial condition is supportive of the 

transition plan as written. Transition plans should include the potential cost of 

removing identified barriers. 

 
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The Agency’s response to findings of non-compliance 

When the compliance review determines the following: 

• The borrower has not completed a self-evaluation when required. 

• The borrower’s self-evaluation does not adequately address required components. 

• The borrower has not completed a transition plan when required by the self-evaluation. 

• The borrower’s transition plan does not adequately address required components. 

• The borrower has failed to comply with their transition plan. 

• The borrower is in-noncompliance with other Civil Rights law requirements. 

The Servicing Office takes the following actions: 

• Enter the appropriate finding under the Supervisory Activity, “Compliance Review” and 

provide descriptive comments on MFIS. 

• Notify the borrower in writing and provide 30 days to come into compliance. The following 

language should be contained in your letter to the borrower regarding their con-compliance: 

“Recent Agency monitoring of the subject project indicates that you are not currently 

meeting your responsibilities under applicable Civil Rights laws. Since project operating 

or reserve account funds may be required to address this situation, we request that you 

advise the Agency of how you intend to comply with the law. In addition to any 

penalties, liabilities, or loss of tax credits that may result from legal action brought 

against you by third parties, continued non-compliance may result in your ineligibility to 

receive further loan funds from the Agency. You failed to meet the following MFH 

physical standard(s) OR you are in non-compliance with the following: (Specify)” 

If a borrower fails to either bring themselves into compliance within 30 days or submit an 

acceptable transition plan to bring themselves into compliance, the Servicing Office will notify 

the State Civil Rights Coordinator/Manager (SCRC/M). The State Director will forward the issue 

of non-compliance to the National Office Civil Rights Staff. 

The National Office Civil Rights Staff will notify the State Director if further review and 

processing of the finding will either resolve the finding or require that it be forwarded to the 

USDA Civil Rights Staff or the Justice Department to resolve the non-compliance issue. 

The SCRC/M will notify the State Office MFH Program Director and the Servicing Office of the 

disposition of the finding of non-compliance. 
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FREQUENTLY ASKED QUESTIONS (FAQ) 

CIVIL RIGHTS-RELATED COMPLIANCE ISSUES 

1. Is the International Symbol of Accessibility (ISA) required to be on a MFH project 

sign? 

No. However, borrowers are encouraged to include the ISA on the project sign if: 

• There are no physical barriers for someone wishing to inquire or apply for a service or 

benefit, and 

• The project has an accessible route to fully accessible units. 

2. Is the Telecommunication Device for the Deaf (TDD) number required to be on the 

project sign? 

When project management communicates with hearing impaired applicants or tenants, they must 

use either a TTD or an “equally effective communication system.” If a borrower uses a TTD 

number, the TTD number must be on the project sign. If a borrower uses an equally effective 

communication system, the borrower must document the process in their self-evaluation and let 

the public know how this is to be accomplished. However, the borrower is not required to post 

the relay service phone number on the project sign. Borrowers with Section 8/515 projects are 

required by HUD to use a TTD. 

3. Are assistance animals that assist the disabled subject to MFH project “Pet” rules? 

No. They are permitted occupancy under the Fair Housing Act and are defined as follows: 

• Assistance animals are not pets. These are animals that work, provide assistance, or

perform tasks for the benefit of a person with a disability, or animals that provides 

emotional support that alleviates one or more identified symptoms or effects of a person’s 

disability. Assistance animals – often referred to as “service animals,” “support 

animals,” “therapy animals” or “companion animals” perform many disability-related 

functions including but not limited to (1) guiding individuals who are blind or have low 

vision, (2) alerting individuals who are deaf or hard of hearing to sounds, (3) providing 

minimal protection or rescue assistance, (4) pulling a wheelchair, (5) fetching items, (6) 

alerting persons to impending seizures, or (7) providing emotional support to persons 

with disabilities who have a disability-related need for such support. 

 • A borrower 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. The owners 

themselves train other assistance animals and, in some cases, no special training is 

required. The question is whether or not the animal performs the disability-related 

assistance or provides the disability-related benefit needed by the person with the 

disability. 
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• A borrower’s refusal to modify or provide an exception to a “no pets” rule or policy to 

permit a person with a disability to use and live with an assistance animal would violate 

Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Act unless: 

1. The animal poses a direct threat to the health or safety of others that cannot be 

reduced or eliminated by a reasonable accommodation, 

2. The animal would cause substantial physical damage to the property of others, 

3. The presence of the assistance animal would pose an undue financial and 

administrative burden to the provider, or 

4. The presence of the assistance animal would fundamentally alter the nature of the 

provider’s services. 

• The fact that a person has a disability does not automatically entitle him or her to an 

assistance animal. There must be a relationship between the person’s disability and his or 

her need for the animal. 

• A borrower may not require an applicant or tenant to pay a fee or a security deposit as a 

condition of allowing the applicant or tenant to keep the assistance animal. However, if 

the individual’s assistance animal causes damage to the applicant’s unit or the common 

areas of the dwelling, at that time, the borrower may charge the individual for the cost of 

repairing the damage if the provider regularly charges tenants for any damage they cause 

to the premises. 

4. Does an applicant needing special design features have priority for occupancy over a 

current tenant without a need for the special design features of a fully accessible unit? 

Yes. While tenants without a need for the special design features may occupy a fully accessible 

unit, prior to occupancy the tenant must agree to move to another unit in the project if a qualified 

individual needing the special design features applies for occupancy of the fully accessible unit. 

Borrowers are required to enter into a lease agreement with the tenant without a need for the 

special design features to assure that a legal right exists to require the tenant to move to another 

available unit in the project, when necessary. 

5. What are a few suggestions to improve marketing of fully accessible units? 

Before fully accessible units are rented to persons not in need of the special design features, 

borrowers must conduct a diligent and documented marketing effort to ensure that those in need 

of the special design features know about the availability for the units. Such contacts may 

Include, Area Commission on Aging, Physical Rehabilitation Centers, Hospitals and Disabled 

Veterans Organizations. Borrowers are encouraged to use the handicap accessibility logo as a 

marketing tool on the project sign, in advertising, and on contact letters, leaflets and brochures. 

When a tenant not needing the design features occupies a fully accessible unit, borrowers are to 

continue their marketing efforts until a tenant needing the design features is found. 
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6. How do borrowers meet 7 CFR 15b numerical requirements for fully accessible units? 

In MFH projects ready for occupancy after June 10, 1982, 7 CFR 15b standards require: 

• At least 5 percent or one unit, whichever is greater, must be fully accessible. To meet the 

5 percent minimum, borrowers must round up to the next whole unit. For example, a 24-

unit MFH project must have at least two fully accessible units (8.3 percent) rather than 

one (4.2 percent). 

• Fully accessible units must be comparable in variety to other project units. For example, 

in a 24-unit project with 12 one-bedroom units and 12 two-bedroom units, one of the 

fully accessible units should be a one-bedroom unit and the other should be a twobedroom unit. 

• Rents for fully accessible units must be comparable to other same sized project units.

• If a project has more than one site, fully accessible units may not be clustered at one site, 

unless only one fully accessible unit is required. 

• When a project has a wide variety of units (one, two, three or four bedrooms), borrowers 

are not required to exceed the 5 percent requirement simply to have a fully accessible unit 

of each type. 

7. On-farm Farm Labor Housing is normally a single-family house. Is this housing 

subject to the 5 percent fully accessible requirement? 

No. The 5 percent requirement appears in 7 CFR 15b.41. This section of the regulation only 

applies to multi-family rental housing. The Office of the General Counsel (OGC) provided an 

opinion on its application to a single unit Farm Labor Housing because 7 CFR 15b does not 

define “multi-family.” OGC advised us that we may use the definition in Uniform Federal 

Accessibility Standards (UFAS), which defines multi-family housing as any “building containing

more than two dwelling units.” (For more information on UFAS, refer to www.accessboard.gov/ufas/ufas-html/ufas.htm). Therefore, “on-farm” labor housing that consists of 

buildings with less than three units, is not required to meet the requirement that 5 percent of the 

units be constructed as fully accessible units. However, borrowers should be mindful that if a 

request is made for a “reasonable accommodation”, that they must address accessibility at that 

time. 

8. Who pays for reasonable accommodations? 

If an eligible applicant or tenant makes a request for a reasonable accommodation, borrowers are 

to use project resources to complete and pay for the accommodation. A borrower may request a 

waiver from the Secretary of Agriculture if they can show that the modifications or other special 

accommodations needed by the person with a disability would cause an undue 

financial/administrative burden or fundamental change in operations. The borrower must prove 

such a burden exists in order to receive a waiver from the Secretary. 
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9. What type of reasonable accommodation is made? 

If an eligible applicant or tenant makes a request for a reasonable accommodation, the change to 

be made should be based on the tenant’s assessment of their needs, even when the 

accommodation may vary from commonly accepted accessibility standards. All improvements 

should be done in a professional manner and meet local building code requirements. 

10. When is it appropriate to make inquiries about a person’s disability? 

An appropriate question for all applicants to an elderly MFH project is: 

• “If you are less than 62 years old, are you eligible for occupancy based on your status as 

an individual with handicaps or disabilities?

Regarding the issue of adjustments to income or priority for a unit with special design features, 

the application form should give the opportunity to make a request for the added benefit. For 

example, it would be appropriate to ask all applicants and tenants: 

• “Do you wish to have priority for an apartment with special design features for persons 

with disabilities?” 

• “Do you wish to claim a $400 deduction from your income based on a disabling 

condition?”

By phrasing questions in this manner, applicants are advised of the benefit and allowed to decide 

for themselves if they wish to disclose a disabling condition. Once an applicant requests that 

their disability status be considered, inquires can be made, but only to the extent necessary to 

verify eligibility. Project management should not attempt to make any determination concerning 

an applicant’s disabling condition. 

11. May a guardian sign a rental agreement on behalf of a qualified person with a 

disability? 

While there is no Federal law preventing a guardian from signing a rental agreement on behalf of 

a qualified person with disabilities, state law may vary. Each borrower should check with their 

legal counsel. To the extent individual state laws permit a guardian to sign a rental agreement, 

guardian signatures are to be accepted. 

12. What are the requirements for van accessible parking? 

The requirements vary based on when a project became ready for occupancy. . The parking lot of 

all projects with public areas such as an on-site office, ready for occupancy after January 26, 

1993, must be properly striped for van accessible parking and access aisles. All projects with 

public areas ready for occupancy before January 26, 1993, must be striped for van accessible 

parking and access aisles whenever the parking lot is re-striped. 
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13. If accessible parking is located across the drive from the building it serves, must a 

crosswalk be painted on the drive? 

No, it’s not required. However, having a crosswalk is a good idea since it would indicate a 

crossing exists, and hopefully would signal a driver to slow down. There is no requirement for a 

painted crosswalk in the accessibility standards. Further, there is no requirement for the color of 

paint to be used. White is most commonly used, and sometimes blue or yellow. Curb ramps 

from the drive to the site are required.

14. May a borrower allow a resident assistant to occupy a unit overnight to assist a tenant 

with a disability? 

Yes. When a tenant with a disability provides a physician’s statement requiring resident assistant 

care in excess of the established time periods for visitors, it would be a reasonable 

accommodation to the rules and policies to allow the resident assistant to reside in the unit in 

excess of established visitor’s time. Further, if the need is for the resident assistant to live in the 

unit, it is a reasonable accommodation to rent a two-bedroom unit to a tenant at their request. 

The income of a resident assistant is not included in tenant household income. 

15. Is the “interested person(s)” who assists or is consulted during the borrower’s 

preparation of their self-evaluation required to visit the project site? 

No. While interested persons, including disabled persons or organizations representing disabled 

persons must be consulted they are not required to conduct a site visit. 

16. Is the self-evaluation required to be maintained at the project site? 

Yes, if the project has an office. If there is no office, the borrower is still obligated to make the 

self-evaluation available to the public upon request. The public includes any applicant, tenant 

and the Agency. It is not reasonable for the borrower to expect the public to drive to a location 

other than the project to view the self-evaluation. 

 

17. What can be done with projects ready for occupancy after June 10, 1982 that were not 

built in accordance with UFAS standards, where it is either structurally impractical or 

financially infeasible to make the required changes? 

Typically, the borrower should seek guidance from their project architect before making this 

determination. The Agency will need documentation that it is structurally impractical from a 

knowledgeable source. For example, in a project built using a split foyer design, it may be 

structurally impractical to make changes. The borrower might try to establish a referral 

agreement with another project in the local market area with a fully accessible unit. If no referral 

agreement is possible to make the program accessible, the Agency may administratively 

recognize that the borrower is unable to address their outstanding non-compliance issues. In this 

case, all avenues have been explored, and the Servicing Office will document the case file to 

fully explain the situation and the borrower’s attempts to resolve the problem, remove the 

finding(s) from Multi-Family Housing Information System (MFIS) and discontinue reporting the 

situation through the post supervisory visit and compliance review reporting process. In some
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Appendix 5 

Page 14 

instances, a borrower may claim that a project is not able to meet UFAS standards because the 

project’s financial condition is such that the change would create an undue financial burden. For 

example, the project is located in a poor rental market and rents are insufficient to address capital 

needs. While the Agency has no mechanism for waiving the requirements of UFAS standards for 

financial reasons, the borrower may request a waiver from the Secretary of Agriculture. For such 

a waiver, the borrower must document the financial condition of the project as well as attempts 

to seek local, state, private and Federal funding for grants or loans to correct the condition. 

18. Attachment C states that regardless of when a project was ready for occupancy, all 

borrowers are required to have "policies and practices" that do not discriminate 

against persons with disabilities which are provided on Attachment C-1. Where do the 

borrowers document these "policies and practices"? 

Borrowers document these “policies and practices” in the management plan. 

19. If these policies and practices are not presently covered in the management plan should 

we ask everybody to provide written documentation of the "policies" now or, do we wait 

until the management plan is renewed, or the next supervisory visit/compliance review

(whichever comes first)? 

We recommend that you be sure borrowers understand that these issues should be addressed in 

their management plans and that you will review these items in your supervisory visits,

compliance reviews and management plan approvals. However, the Agency is not required to 

conduct a full review of all existing management plans at this time. 

20. Attachment C also states that borrowers are supposed to maintain a record of the selfevaluation for at least three years. How are we going to document if they have one, if 

the three-year period is past? 

Part V of Form RD 400-8, Compliance Review, should contain a record of self-evaluation status 

based on Agency review. While the borrower is responsible to retain records for their own 

protection, we can retain any self-evaluation shared with us by the borrower in our files. 

21. Attachment C states that when structural changes are necessary, such changes shall be 

made within 3 years and as expeditiously as possible. What if major structural changes are 

needed and they can't be accomplished within a 3-year period? 

Realistically, all structural changes should be accomplished within a three-year time frame

unless funding is an issue. When changes are not made within the time frame of the transition 

plan, the borrower should prepare a new or revised 3-year transition plan that documents what 

has been done, what will be completed, and time frames for completion. Before we accept a plan, 

we need to be sure that the borrower is sincerely attempting to comply with the accessibility 

requirements. We also need to assure that rents and reserve account (RA) withdrawals are 

approved when necessary to make the changes. 
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22. Should transition plans exceed 3 years? We have seen some that just say “when funds 

are available.” These plans are typically in projects where there is very little or no RA and 

rents must be kept low to keep tenants. In these cases, there may never be funds available. 

Transition plans may not exceed a 3-year period and “when funds are available” is never a good 

time-frame. “Upon rehabilitation” is better language to use. If a poor rental market is the real 

issue, the transition plan should be clear that the market is the reason the borrower can not make 

needed improvements. If there is some way of addressing the cash flow problem (i.e., transfer 

RA, seek state or local grants, etc.), then the Agency should be ready to help the borrower move 

in that direction. This means that if a rent increase is needed, either to fund the improvement or 

build up the RA, the transition plan should document the amount that is needed and the Agency 

should be willing to approve higher rents. Also, the borrower should document their efforts to 

check for funding elsewhere. Some state and local governments have grant or loan funds that 

can be used for providing accessibility. Borrowers should be encouraged to seek out such funds 

if available. Once the 3 year period is completed, if corrections have not been completed, a new 

or revised transition plan would be required listing those incomplete items, with a proposed 

timeframe. 

23. There are six additional items we are to review during the compliance review. Where 

are these items to be documented?

You will notice that some of the answers are addressed by questions already on the physical

inspection form or the compliance review. While, the Civil Rights Staff has not established a 

separate document for the purpose of documenting this review, your assessment of the borrowers 

response to the six items should be documented in part V or VI of Form RD 400-8. 

24. If we should find a borrower out of compliance with accessibility requirements and the 

borrower comes back with a transition plan that says they will make accommodations as 

needed, will the Agency be able to accept that and say that the borrower is now in 

compliance for tracking purposes? 

Yes, however the borrower is technically out of compliance until the problem is corrected. 

However, if the borrower has a self-evaluation and a transition plan that describes how that 

particular finding will be resolved, we have established that the borrower is taking the 

appropriate steps to resolve their problem by establishing a timetable for corrective action in the 

transition plan. A good analogy is how we use our workout plan. If a workout plan is in place 

and being followed, the Agency can recognize that the default finding is being resolved. 

Therefore, we treat the project differently in our classification system. 

25. Could you give us an example where time frames for compliance will be provided in 

Agency notices and will vary according to the nature of the non-compliance issue. 

For example, according to Civil Rights Staff policy, findings on the compliance review should be 

corrected in 30 days. This timeframe may be expanded if conditions warrant. According to MFH 

program direction, supervisory visit findings can be resolved using different timeframes, 

generally varying from 30 to 90 days. The Servicing Office has some flexibility in providing 

corrective deadlines for findings found on the supervisory visit. Usually these deadlines are 
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established in relationship to the seriousness of the finding. Additionally, the letter to the 

borrower requesting corrective actions can combine findings and corrective time frames from

both the compliance review and the supervisory visit. 

26. Do you see any problem with the Agency keeping a copy of the self-evaluation and 

transition plan in the borrower's file? We initially told our field staff not to keep a copy 

because we didn't want the borrower to construe that as Agency approval of the 

documents; however, some of our field employees have asked for copies and are keeping 

them in the file. 

It is a good idea to keep the self-evaluations and transition plans in the file because you should 

be reviewing them with each management plan and budget approval. Routine budget approvals 

should now include reviewing the transition plan to make sure that identified capital 

improvements are in the budget. 

27. Are Agency field staff required to become “accessibility” police? 

It is important to understand that since June 10, 1982, 7 CFR 15b requires the Agency to conduct 

compliance reviews regarding accessibility requirements. The bottom line is that the borrower is 

the party responsible for project compliance with accessibility laws. The Agency’s role is to 

assure that the program, in general, is administered in accordance with accessibility laws. We

identify non-compliance during limited reviews, make project resources available to help solve 

problems, report problems through an internal reporting process, and respond to continued 

serious instances of non-compliance using established MFH program servicing tools. 

28. UFAS requires that wall cabinets in accessible units be mounted at 48" above the floor. 

In rehabs, that has required relocating them. One owner requested mounting a separate 

shelf 48" above the floor, between the base and wall cabinets. Is this OK? 

The Access Board has indicated that a shelf between base cabinets provides “equivalent” 

accessibility when it is not possible to lower wall cabinets. The shelf should not become the 

standard solution, but can be considered on a case-by-case basis. For example, if funds for 

rehabilitation are limited, the shelf may be a less expensive solution to removing and relocating 

wall cabinets. If funds are available, the wall cabinets should be relocated. Although deemed 

“equivalent,” the shelf does not have doors to cover the storage space and should not be used if 

relocating wall cabinets is possible. 

29. Is a 30" x 34" high workspace required in an accessible dwelling unit kitchen? While 

UFAS 4.34.6.4 requires this, it is not included in the list in Attachment B or added to the 

MFH Physical Inspection Form. 

Yes, it's required. The list in Attachment B was not intended to be all inclusive of UFAS 

standards, but to hit the big issues. 
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30. UFAS 4.13.9 calls for lever handles on entrance doors to accessible units. An item on the 

MFH Physical Inspection form asks if lever handles were provided. Does this apply to all 

apartment doors? 

UFAS requires lever handles on apartment unit entry doors only. The question on the MFH 

Physical Inspection form refers to apartment unit entry doors only. If a tenant needs lever 

handles throughout a unit, they may be requested as a “reasonable accommodation.” 

31. Where are grab bars required? 

Grab bars are required in the 5 percent of units that are “fully accessible.” UFAS 4.34.5 uses the 

language “If provided, grab bars will ....” Our Agency has taken the position that grab bars will 

be installed in order to make the “fully accessible” unit ready for a person with disabilities. Grab 

bars are also provided in those units in which a tenant has requested them as a “reasonable 

accommodation.” In those ground floor units constructed since 1991, FHA/AG required 

blocking for “adaptability.” In those units, grab bars may be installed later as a form of 

“reasonable accommodation” when requested. 

32. How do people writing Transition Plans know to require grab bars? 

Since writers of Transition Plans base them on UFAS, the proposed plan may call for installing 

the blocking only, and not installing the grab bars. In requiring a Self Evaluation and possibly a 

Transition Plan from a borrower, field staff should make them aware that the Agency has taken 

the position that grab bars are required in 5 percent of the units that are “fully accessible.” 

33. An item on the MFH Physical Inspection form refers to a “functional emergency call 

system.” Are emergency call systems required in all fully accessible units? 

If the fully accessible unit presently has an emergency call system, it must be functional. If no 

emergency call system is in place, the borrower does not have to provide one at this time. It may 

be necessary to add one as a “reasonable accommodation” per tenant request. There has been 

considerable confusion on this issue, and we realize that this may be a different answer than you 

have received in the past. 

34. Is additional maneuvering room in the bathroom required? 

Some Transition Plans are indicating a need to enlarge the bathroom in an accessible unit to 

provide a 5' turning circle, which UFAS requires in a common use bathroom. Writers of 

Transition Plans are incorrectly applying this requirement to a dwelling unit. Agency staff 

should understand that an accessible dwelling unit bathroom must have clear floor space at the 

tub/shower and commode, but a 5’ turning circle is not required within a dwelling unit bath. 

Also, UFAS provides an exception in 4.22.3 for public toilets with only one lavatory and 

commode. In those common use toilets, a 5’ turning circle is not required. 
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35. In addition to the requirement that 5 percent of a project’s units must be fully 

accessible for persons with mobility impairments, is it true that MFH projects must also 

meet a requirement that an additional 2 percent of the units (over and above the 5 percent) 

must be made fully accessible by individuals with hearing or visual impairments? 

To implement Section 504, both HUD and USDA individually published regulations to apply to 

their respective programs. While HUD’s regulation does require that 2 percent of the units (over 

and above the 5 percent that are made fully accessible for persons with mobility impairments) be 

made accessible for individuals with hearing or visual impairments, USDA’s regulation does not. 

Consequently, MFH projects with project based HUD Section 8 that were built on or after July 

11, 1988, must meet this requirement, but MFH projects without project based HUD Section 8 

do not. However, even when not required, borrowers are encouraged to make an additional 2 

percent of the units accessible for persons with hearing or visual impairments. 

 

36. We have an existing MFH property with multiple laundry rooms. Must each laundry 

room be made accessible? 

Not necessarily. 

• For a property constructed for first occupancy after March 13, 1991 and subject to the 

Fair Housing Amendments Act design requirements, laundries for the covered units must be on 

an accessible route, and the space must be accessible. This would apply to all ground floor 

laundries (or all laundries in a building with an elevator). 

• In addition, for properties constructed, or with substantial alterations, after June 10, 1982, 

UFAS also applies. UFAS 4.1.3(3) states “Common Areas: At least one of each type of common 

area and amenity in each project shall be accessible and shall be located on an accessible route to 

any accessible dwelling unit." This sets a minimum of one accessible laundry. If accessible units 

are located near one another, the nearest laundry must be made accessible. If accessible units are 

located on opposite ends of the property, it may be necessary to make more than one laundry 

room accessible, depending on location and site topography. In such a situation, the nearest 

laundry room to each accessible unit must be made accessible. 

• Regardless of when a property was constructed, it is the policy of RHS that, to the extent 

possible, barriers to common use areas that prevent any mobility impaired person from having 

full access will be removed. This does not, however, require borrowers to exceed the above 

standards unless it is necessary to do so in response to a request for a reasonable accommodation 

from a person with disabilities. 

In addition, UFAS 4.34.7.2 states that washing machines and clothes dryers in common use 

laundry rooms shall be front loading.” RHS has taken the position that this requirement is met if 

at least one washer and one dryer is front loading in every laundry room that is required to be 

accessible by UFAS. This position is taken, in part, in recognition that there may be some

increase in cost to provide front loading washers and dryers. 
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37. If structural accessibility requirements of the Fair Housing Act were not met due to 

negligence of the borrower or their architect during construction, what can be done to get 

them corrected? 

In cases where fault is established, it is a proper servicing action to seek corrections by 

borrowers at their own expense. To accomplish these corrections, some borrowers may in turn 

seek to enforce contractual agreements with project architects. 

38. What are the requirements for accessibility for a community room kitchen / 

kitchenette? 

In many situations, the requirements for an accessible dwelling unit kitchen have been applied to 

a common use kitchen or kitchenette. The Fair Housing Act Accessibility Guidelines and UFAS 

have similar requirements. 

• The community room must be accessible, including an accessible route, accessible doors, 

switches and outlets at proper height, etc. 

• The kitchen area must have an accessible sink per UFAS 4.24. This includes a mounting 

height no higher than 34” (or adjustable to 34”), knee clearance underneath, clear floor 

space at the sink, insulated piping, and an accessible faucet. 

• UFAS 4.25 and 4.1.2(11) further requires that a portion of the storage provided (shelves, 

drawers, and cabinets) have clear floor space and be within the reach range. This 

requirement is normally met with standard kitchen base cabinets. 

• The kitchen must have a 60” turning circle or “T” turn around for maneuverability. Space 

in the community room or a hallway immediately outside the kitchen may be used to 

meet this requirement. 

• There is no requirement in a common use kitchen for an accessible work surface, range or 

cooktop with accessible controls, self cleaning wall oven, or an accessible refrigerator

(side by side or with 50% of freezer space within reach ranges). These requirements

appear in UFAS 4.34, and only apply to an accessible dwelling unit. 

These requirements for a common use kitchen or kitchenette are minimums. Provision of 

additional accessibility in a common use kitchen or kitchenette is encouraged, but not required. 
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39. Can the street be utilized as part of the accessible route to an amenity? Can the 

disabled travel behind parked vehicles or with the traffic in the travel lane? 

The accessible route may include travel behind a parked vehicle only if it is an accessible 

parking space. Crossing a traffic lane between curb cuts is acceptable. A striped crosswalk is not 

required. Otherwise, the street or traffic lane may not be part of the accessible route for an 

individual using a wheelchair. 

If the site amenity is located at a considerable distance from the accessible unit and its accessible 

parking space or if site terrain is such that an accessible route along sidewalks is not possible, a 

vehicle can be used. This requires an accessible parking space at the site amenity, with an 

accessible route from that parking space to the site amenity. In this situation, the disabled 

individual must travel from their unit to their accessible parking space, transfer to their vehicle, 

drive to the site amenity, transfer back to their wheelchair, and then go to the site amenity. As 

you can see, this is not a convenient solution, and should be used only on existing properties in 

cases where no other solution is possible.