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Reasonable Accommodations/Modifications & Section 504. Thurman G. Miles, Director Fort Worth FHEO Center Region VI. New Construction.
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Reasonable Accommodations/Modifications & Section 504 Thurman G. Miles, Director Fort Worth FHEO Center Region VI
New Construction • Section 8.22. New multifamily housing projects (including public housing projects) shall be designed and constructed to be readily accessible to and usable by individuals with disabilities. • A minimum of five percent of the total dwelling units or at least one unit will in a multifamily housing project, whichever is greater shall be made accessible for persons with mobility impairments.
Continued • A unit on an accessible route and is adaptable and otherwise in compliance with Section 504 standards, is accessible for purposes of the Act. • An additional two percent of the units (but not less than one unit) in such a project shall be accessible for persons with hearing or vision impairments.
Reasonable Accommodations/modifications • A recipient shall make reasonable accommodations in the known physical or mental limitations of an otherwise qualified applicant with disabilities or employee with disabilities, unless the recipient can demonstrate that the accommodation would impose an undue hardship on the operation of the program.
Continued • Factors in determining whether or not an undue hardship exists are; • The overall size of the recipient’s program with respect to the number and type of facilities, and size of budget; • The type of the recipient’s operation, including the composition and structure of the recipient;s workforce; and • The nature and cost of the accommodation needed.
Remedies to the Beneficiary • The Recipient may enter into a Voluntary Compliance Agreement with the Department; • Referral to DOJ for: • Suspension of federal financial assistance; • Debarment; • Limited Denial of participation; • Denial of participation