A.5.2.6.4 Adaptability

A. HUD’s Section 504 regulations permit recipients to construct or convert “adaptable” units. A dwelling unit is “accessible” when: 1) is on an accessible route, as defined by HUD’s Section 504 regulations and UFAS; and 2) is adaptable and otherwise in compliance with the standards set forth in 24 CFR § 8.32. “Adaptable” or “adaptability” means the ability to add or alter certain building spaces and elements (e.g., kitchen counters, sinks, and grab bars) to accommodate the needs of either the disabled or nondisabled persons, or to accommodate the needs of persons with different types or degrees of disability. “Adaptability,” as defined for Section 504 purposes, does not contemplate adding or altering features in a manner requiring construction. But for Section 504, “adaptable” does include the concept that a unit designed in compliance with UFAS may lack certain particular items needed by a tenant (e.g. grab bars or countertops at a different elevation) and when required by a tenant, such particular items must be provided at no cost to the tenant.

B. As noted above, the Fair Housing Act requires that the interior of covered units have certain “features of adaptive design”. The phrase “features of adaptive design” must not be confused with “adaptability” as defined in HUD’s Section 504 regulations and UFAS. The “features of adaptive design” required by the Fair Housing Act must be accomplished at the time of construction and not later as alterations or on an “as needed” basis. Accordingly, needs assessors must not describe any construction required to remedy accessibility deficiency as “adaptation” and thereby omit from the Critical repairs list, or defer to a later or “as needed” time.