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Ensuring Accessibility in Multifamily Housing: Section 504 and Reasonable Accommodations

This document outlines the requirements under Section 504 for the design and construction of new multifamily housing projects to be accessible for individuals with disabilities. It specifies that at least 5% of units must be accessible for persons with mobility impairments, with additional units for those with hearing or vision impairments. Furthermore, it discusses the obligation of recipients to provide reasonable accommodations for qualified applicants and employees with disabilities, while also addressing considerations for undue hardship and potential remedies for non-compliance.

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Ensuring Accessibility in Multifamily Housing: Section 504 and Reasonable Accommodations

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  1. Reasonable Accommodations/Modifications & Section 504 Thurman G. Miles, Director Fort Worth FHEO Center Region VI

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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

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