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HUD Handbook 4350.3: Occupancy Requirements of Subsidized Multifamily Housing Programs

2-8 Section 504 of the Rehabilitation Act of 1973

HUD Handbook 4350.3 REV-1 — Occupancy Requirements of Subsidized Multifamily Housing Programs · 2026 edition · updated 2026-10-05 · United States

  • A. Section 504 prohibits discrimination based upon disability in all programs or activities operated by recipients of federal financial assistance. Although Section 504 often overlaps with the disability discrimination prohibitions of the Fair Housing Act, it differs in that it also imposes broader affirmative obligations on owners to make their programs as a whole, accessible to persons with disabilities. These obligations include the following:

    1. Making and paying for reasonable structural modifications to units and/or common areas that are needed by applicants and tenants with disabilities, unless these modifications would change the fundamental nature of the project or result in undue financial and administrative burdens;

    2. Operating housing that is not segregated based upon disability or type of disability, unless authorized by federal statute or executive order;

    3. Providing auxiliary aids and services necessary for effective communication with persons with disabilities;

    4. Developing a transition plan to ensure that structural changes are properly implemented to meet program accessibility requirements; and

    5. Performing a self-evaluation of the owner’s program and policies to ensure that they do not discriminate based on disability.

    6. Operating their programs in the most integrated setting appropriate to the needs of qualified individuals with disabilities.

  • B. Furthermore, the Section 504 regulations establish affirmative accessibility requirements for newly constructed or rehabilitated housing, including providing a minimum percentage of accessible units. In order for a unit to be considered accessible, it must meet the requirements of the Uniform Federal Accessibility Standards (UFAS).

  • C. The Section 504 regulations also require that recipients not discriminate in employment based upon disability.

HUD Occupancy Handbook Chapter 2: Civil Rights and Nondiscrimination Requirements

6/07

2-8

Section 2: Nondiscrimination Requirements Under the Fair Housing Act

4350.3 REV-1

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▸Contents — HUD Handbook 4350.3 REV-1 — Occupancy Requirements of Subsidized Multifamily Housing Programs
HUD Handbook 4350.3 REV-1 — Occupancy Requirements of Subsidized Multifamily Housing Programs

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