Program Requirements

Found at 24 CFR Part 8.Prohibits Discrimination on the basis of disability in programs and activities receiving Federal Financial assistance from HUD.

Protects people with disabilities from discrimination in programs, services and activities that receive federal financial assistance:

- Public Housing Authorities- Multi-family projects- Projects funded by HOME or CDBG- Other Federally funded housing projects

Any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or regarded as having such impairment.Does not include:

Current drug and alcohol abuseDirect threat to health and safety.

HearingBreathingSpeakingTaking Care of One’s Self

Major Life Activities:

SeeingWalkingLearningPerforming Manual Tasks

No qualified person with a disability shall, solely on the basis of disability be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives Federal Financial assistance.

Equalizes the benefit of housing and enhances the quality of life for persons with disabilities.

Recipients shall administer programs and activities receiving Federal financial assistance in the most integrated setting appropriate to the needs of the qualified individuals with disabilities.

It is prohibited to provide programs or services to qualified individuals with disabilities in setting that are unnecessarily separate, segregated or restricted.

Recipients shall take appropriate steps to ensure effective communication with applicants, beneficiaries, and members of the public.

Recipients shall furnish appropriate auxiliary aids to provide persons with disabilities an equal opportunity to participate in, and enjoy the benefits of the program or activity.

When auxiliary aids are required to ensure effective communication, the recipient shall give primary consideration to the request of the individual with disabilities.

Services or devices that enable persons with impaired sensory, manual or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities receiving Federal financial assistance.

Qualified sign language interpretersAssistive listening devicesQualified ReadersTaped textBraille materialsLarge print

Recipients are not required to provide individual prescribed devices.TDD systems or use of Relay Systems.Recipient shall adopt and implement procedures to ensure that interested persons (including persons with impaired vision and hearing) can obtain information.

If structural changes to facilities will be undertaken to achieve program accessibility the housing provider will develop a transition plan.

Plan developed with the assistance of interested persons including persons with disabilities or advocacy groups for persons with disabilities.

Transition plan contains at a minimumphysical obstacles to facilitiesmethod and schedule to make facilities accessibleperson responsible for implementation of plan

Distributed throughout the project and sites and available in a sufficient range of sizes and amenities.- Elevator not required for access

Choice of living arrangements for qualified individuals with disabilities is comparable to that of other persons eligible for housing assistance.

Recipients shall administer programs and activities receiving federal financial assistance in the most integrated setting appropriate to meet the needs of persons with disabilities.

Recipients adopt suitable means to assure information regarding availability of accessible units reaches eligible individuals with disabilities.

Maximize the utilization of accessible unit by eligible individuals whose disability requires the accessibility features of the particular unit.

Vacant accessible units:First, offer to an occupant with a disability that is

currently in a unit that is not accessible.Second, to a person with a disability that is on a

waiting list.

If the accessible unit is occupied by a person without a disability, the tenant can be required to agree to move to a non-accessible unit if the accessible unit is needed by a person with a disability

Agreement may be incorporated into the lease

A recipient that employs fifteen or more persons is required to designate at least one person to coordinate its efforts to comply with Section 504.

A recipient that employs fifteen or more persons is required to adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504.

A recipient that employs fifteen or more persons is required to take appropriate steps to notify participants, beneficiaries and applicants, including those with impaired vision or hearing that it does not discriminate on the basis of disability. The notification must state that the recipient does not discriminate in admission or access to, or treatment in its federally assisted programs and activities.

The notification shall also include an identification of the recipients Section 504 Coordinator. Methods of continuing notification may include the posting of notices, publication in newspapers and magazines, placement of notices in recipients’ publications, and distribution of memoranda or other written communications.

If a recipient publishes or uses recruitment materials or publication containing general information that it makes available to participants, beneficiaries, applicants or employees, it shall include in those materials or publications a statement of the nondiscrimination policy. A recipient may meet this requirement by either including appropriate inserts in existing materials or by revising and printing the materials and publications.

Recipients shall ensure that members of the population eligible to be served or likely to be affected by a federally assisted program who have visual or hearing impairments are provided with the information necessary to understand and participate in the program.Methods for ensuring participation include, but are not limited to, qualified sign language and oral interpreters, readers, or the use of taped and Braille materials.

Application Process without discrimination.Does the application ask if a person is disabled and needs an Accommodation?Accessible Offices & Materials.Do you provide reasonable accommodation information with application packets?Waiting lists – date and time stamped. Be able to provide information regarding disability requirements and need for accessible unit.

Tenant Selection Plan – Eligibility & Screening Criteria. Review eligibility requirements to ensure not discriminatory. Screening Criteria – determine eligible household has the ability to pay rent on time and meet requirements of the lease and do not include discriminatory criteria.

Criteria that could be discriminatory.Medical Evaluation or Treatment information.Inquiries about Disability status.Requirements by housing provider of capacity for Independent Living.

Denial letters include reason for rejection and right to request informal hearing.Applicants with disabilities have the right to request reasonable accommodations to participate in informal hearing.Mitigating circumstances to allow applicant to meet terms of tenancy or overcome negative screening.

Ensure transfer policy addresses both applicants and tenants.Ensure applicants and tenants are informed of policy.If have a transfer fee ensure not charging persons with disabilities to transfer from an inaccessible unit to an accessible unit.

Eviction policy needs to be clear.Apply process consistently.Address any mitigating circumstances and if reasonable accommodations may apply for a person with a disability.

Provide Maintenance policy to tenants.Requesting Work Orders – Are they accessible for persons with mobility, hearing and vision impairments?Work orders – date and time stamped.How are unscheduled requests handled?How are reasonable modifications recorded if requested through a work order?

Assistance Animals – are not Pets. Assistance Animals – include service animals and emotional support/therapy animals.If a “No Pet Policy” – include statement that this policy does not apply to Assistance Animals.

If Pet Policy - Need to include that this does not apply to assistance animals.Can not charge a deposit or a fee.Can require licensing and inoculations.Reasonable health and safety:

Can require owner to clean up after them, and require that the animals are not a threat or a nuisance.

Recent Amendments to ADA regulations do not affect reasonable accommodation requests under the FHAct and Section 504New rules:

Limit the definition of “service animal”in the ADA to include only dogsDefine “service animal” to exclude emotional support animals

Disabled individuals may request a reasonable accommodation for assistance animals in addition to dogs, including emotional support animals, under the FHAct or Section 504When both laws apply, housing providers must meet broader FHAct/Section 504 standard in deciding whether to grant reasonable accommodation requestsSpecies other than dogs, with or without training, have been recognized as necessary assistance animals under the reasonable accommodation provisions

Maintain record and reports of efforts to meet the requirements of Section 504.Keep records on file so they are available if a complaint is filed or a compliance review is conducted.Document, Document, Document!

HUD will investigate Section 504 complaints.HUD may conduct compliance reviews of the housing provider to ensure following the regulation. Compliance review may result in a Voluntary Compliance Agreement (VCA).

Sara is filling out an application and the application asks for her current place of residence. Sara notes she resides at Cambridge House. The manager knows that Cambridge House is a group home for women receiving psychiatric treatment. Based solely on this information and his personal believe that people with mental illness are likely to cause disturbance and damage property, the manger rejects the application. Lawful or unlawful?

UnlawfulApplication denials must be based on not meeting eligibility and screening criteria.Not based upon fear, speculation or stereotype about a particular disability or with disabilities in general.A determination on direct threat must be made with reliable objective evidence.

The XYZ Housing Authority has a tenant with disabilities living in a unit that is not accessible and has a thick carpet with a pad and a variety of other features that hinder the tenant from fulluse of the dwelling. The tenant requests a transfer to an accessible unit. After several other tenants have been transferred the tenant is moved. He is charged $300 to replace the carpet in his previous unit due to wear and tear and it cannot be cleaned. This is also the amount of the transfer fee.Lawful or Unlawful?

This case UnlawfulThe tenant should not have been charged the $300. The HA should have removed the pad under the carpet in the in accessible unit for the person to be able to better utilize the dwelling, the tenant had asked for it to be removed numerous times.Discussion items: $300 damage or transfer fee? Length of time and being passed over for transfer? Did they have a transfer list?

1. Under Section 504 is it okay to charge an individual with disabilities for the cost of an interpreter? Allow the person with a disability to use a child to interpret?

2. Does a pregnant women meet the definition of a person with a disability?

3. If a person has been a drug addict can they meet the definition of a person with a disability and be covered by Section 504?

4. If the housing provider does not have an accessible units can the provider deny individuals with disabilities from applying?

5. If the Resident Advisory Board meets in a building that is not accessible, since it is historic, can the housing provider deny persons with disabilities membership on the Board?

6. Is it okay if a housing provider locates all the accessible units in one building and on the bottom floor? What about just building one bedroom accessible units, even though building two and three bedroom units?

7. If a person with a vision impairment requests a copy of the lease and house rules in Braille, and the housing provider does not have the documents in Braille – Can the housing provider charge the tenant for acquiring the Braille documents?

8. Can you require a tenant to make a transfer request in writing only?

9. What is a Self-evaluation? Why is it important to conduct them?

10. Is it okay to skip over a person on the waiting list that is not disabled to place a person who is disabled in an accessible unit?

BREAK

A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces.

For an accommodation to be reasonable there must be an identifiable relationship or nexus between the requested accommodation and the individual’s disability. The requested accommodation should allow the individual with disabilities to use and enjoy the dwelling unit.

The requested accommodation must be reasonable:

Does not impose an undue financial and administrative burden on housing provider.Does not fundamentally alter the nature of

the housing providers operations.The determination is made on a case by

case basis.

Generally a reasonable accommodation must be requested.Request can be made at any time, by person with disability, family member or by someone else who is acting on their behalf.Request does not have to be in writing it can be orally or by any other effective method.Housing provider should place request in writing and document outcome.

May request documentation of the need – only to extent necessary to verify have a disability and if the requested accommodation is needed.May not acquire confidential medical records or inquire into the nature or severity of persons disability.

Verification of disability and need for accommodation can be from any qualified professional cannot require it be a medical doctor.The professional can be: medical provider; licensed Health care provider; professional representing social service agency; disability agency or clinic or any other reliable source who if familiar with the individual and his or her disability related needs.

An accommodation may require a structural modification to unit or common area.Recipients are required to make and pay for the modifications.Do not always have to approve if would result in undue financial and administrative burden.

Closer Accessible Parking Space Example: Million $ parking spaceAllowing a Live-in AidAssistive Animals-are not pets-do not charge depositsProviding an alternative to trash removalInstalling additional grab bars

Installing a strobe fire alarm and/or door bell.Providing documents in alternate format (large print, Braille, providing a reader).Allowing non-residents to use the laundry room.Sign language interpreter for the Tenant’s Association meeting.Being released early from the lease due to requiring an accessible unit and one is not available.

A tenant with a mental disability is being evicted for violating community rules – request for accommodation to stop eviction to allow for time to acquire medical treatment.A tenant becomes disabled and requests installation of a ramp.

What are some common requests for kitchens?What are some common requests for bathrooms?What are some common requests for common use areas?What are participants common or difficult requests?

A tenant had twins prematurely that resulted in both twins having disabilities. The Mother of the twins also became severely depressed and was on medication. Due to the twins disabilities and required care and the Mother’s depression – around the clock care was required.

The tenant informed her manager verbally that her twins needed constant care and that she was depressed. However, the landlord evicted the tenant for violating the lease requirements of not having overnight guests for more than 14 days.Lawful or Unlawful?

HUD found cause on this case and the tenant was awarded approximately $60,000.The respondents did not grant an accommodation since they did not think the twins met definition of disabled nor did they think an accommodation was requested.

A housing provider has a no pet policy. A tenant requests to have two dogs for her two children that are disabled. The manager continues to turn the request down since there is a no pet policy.Lawful or Unlawful?

UnlawfulA reasonable accommodation was requested, even if not in writing. The manager did not believe the children had a disability nor had a need for pets and the complex didn’t allow them. Plus he believed that if one tenant was allowed a pet or pets all of them would want them.

The Manager never would acquire verification of the disabilities.The case was settled and the tenant was allowed to keep both assistance animals for her children that were disabled.

A tenant has a psychiatric disability that causes him to verbally threaten others when he stops taking his medication. He is arrested at his apartment complex for threatening his neighbor while brandishing a baseball bat. The lease agreement prohibits tenants from threatening violence against other residents.The landlord begins eviction. Lawful or Unlawful?

Legal The tenants attorney contacted the landlord and requested a reasonable accommodation based on disability. It was explained that the tenant would not pose a direct threat once he was back on his medication. The attorney stated they would ensure the tenant attended counseling and had period medication monitoring.

Which if tenant would have agreed to would have been reasonable.However, tenant would not agree to attend counseling or have his medication monitored.Therefore, the landlord had the right to evict.

1. Do reasonable accommodation requests have to be made in writing? By the person with the disability?

2. Do verifications of a disability and a need for a reasonable accommodation have to be from a medical provider?

3. Can a request be turned down if there is not a nexus between the type of disability and the requested accommodation?

4. Does the housing provider have to pay for a reasonable modification? When don’t they? What about a landlord with a Section 8 tenant – do they pay for the modification? Do they have to allow it?

5. Does a housing provider have to approve a request for an accessible parking space if none of the parking is assigned?

6. Can the housing provider require a tenant to move into an accessible unit when one is available if the tenant is in an accessible unit?

7. Can a housing provider require a tenant to provide a name of a co-sponsor to prove that they can live independently?

8. Can housing providers charge a tenant with a disability to transfer to an accessible unit from a unit that is not accessible?

9. Can a housing provider deny a request that entails taking the tenant to the store and assisting them with their shopping? If so, why?

For more information contact:Michele Hutchins, Equal Opportunity SpecialistOffice of Fair Housing & Equal OpportunityUtah State HUD Office125 S. State Street, Room 125Salt Lake City, UT 84138(801) 524-6097-Direct line(801) 524-6909-TDD line1-800-877-7353 – Denver Toll Free

email: michele.hutchins@hud.gov