2-34 Owner Self-Evaluation

• A. The Section 504 regulations required recipients of federal financial assistance to conduct a self-evaluation of their policies and practices to determine if they were consistent with the requirements of this section of the Rehabilitation Act of 1973. The regulations required owners to have completed their self-evaluations no later than July 11, 1989.

• B. The Section 504 regulations establish owners’ ongoing responsibility to operate their programs so that they are, when viewed in their entirety, accessible to and usable by persons with disabilities [24 CFR 8.24] . Although the regulatory deadlines for completing self-evaluations have now passed, the self-evaluation continues to be an excellent management tool for ensuring that the owner’s current policies and procedures comply with the requirements of Section 504.

• C. HUD strongly recommends that owners periodically update their self-evaluations as one way to help ensure compliance. Updates are particularly important if there have been alterations to units or units have been added or demolished. When updating the self-evaluation and implementing its results, owners should take the following steps.

  1. Evaluate current policies and practices, and analyze them to determine if they adversely affect the full participation of individuals with disabilities in the owner’s programs, activities, and services.

NOTE: Information on technical resources regarding Section 504 accessibility requirements can be found in paragraph 2-26.

HUD Occupancy Handbook Chapter 2: Civil Rights and Nondiscrimination Requirements

6/07

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Section 3: Additional Nondiscrimination and Accessibility Requirements for Persons with Disabilities

4350.3 REV-1

Subsection 2: Policies and Procedures to Ensure Nondiscrimination and Promote Accessibility

2. Modify any policies and practices that are not or may not be in compliance with Section 504.

3. Take appropriate corrective steps to remedy those policies and practices that are either discriminatory or have a discriminatory effect.

4. Document the process and activities used to update the self-evaluation.

NOTE: Under Section 504 regulations, owners were required to complete one self-evaluation. HUD does not review or approve any subsequent selfevaluations that owners may wish to complete.

• D. Owners, managing entities, or projects employing 15 or more persons were required to maintain on file, make available for public inspection, and provide to the Office of Fair Housing and Equal Opportunity upon request the information below for at least three years following completion of the evaluation:

  1. A list of the interested persons consulted;

  2. A description of areas of the project the owner examined and any problems identified; and

  3. A description of any modifications the owner made and of any remedial steps taken.

• E. Section 504 also required owners to develop a transition plan for completing structural changes needed to make the property readily accessible to and usable to persons with disabilities by July 11,1991. Owners were required to prepare the plan by January 11, 1989.

1. Although the deadlines for preparing and implementing the plan have passed, transition plans are an excellent management tool for ensuring continued compliance when structural alterations to a property (e.g., building additional units) require further action to continue meeting the physical accessibility requirements of Section 504.

   2. Owners were expected to develop the plan with the assistance of interested persons. HUD recommends that transition plans include the following items that were originally required for inclusion in these plans.

      • a. Identify physical obstacles in the property that limit accessibility to persons with disabilities.

      • b. Describe in detail the methods that will be used to make the project accessible.

HUD Occupancy Handbook Chapter 2: Civil Rights and Nondiscrimination Requirements

6/07

2-32

Section 3: Additional Nondiscrimination and Accessibility Requirements for Persons with Disabilities

4350.3 REV-1

Subsection 2: Policies and Procedures to Ensure Nondiscrimination and Promote Accessibility

• c. Specify the schedule for taking steps to achieve compliance with the requirements for structural changes, including making a minimum of 5% of the units accessible to persons with mobility impairments. If the time period covered by the transition plan is longer than one year, the plan must identify steps that will be taken during each year of the transition period.

• d. Indicate the person (and his/her title) responsible for implementing the plan.

• e. Identify persons or groups who helped the owner prepare the plan.