Section 504 is Section 504 of the Rehabilitation Act of 1973
SECTION 504 of the Rehabilitation Act of 1973 • Protects people with disabilities or handicaps from discrimination in programs and activities that receive Federal financial assistance.
Low-income housing. Housing for people who are elderly or persons with disabilities. Community development programs. Programs for the homeless. Fair Housing Assistance Programs. Section 504 HUD Programs Covered :
Section 504 – what is covered: • Denial of opportunity to participate in/benefit from any assisted program, such as, participation in a program that is not equal to that afforded to others. • Provision of services not as effective as services provided to others. • Separate aids or services. • Denial of opportunity to participate as member of board.
Section 504, who is protected? • Individuals who have a physical/mental impairment that substantially limits one or more major life activities.
Right to Reasonable ACCOMMODATIONS • It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodation may be necessary to afford a resident with disabilities equal opportunity to use and enjoy a dwelling unit or common areas
Examples of Reasonable ACCOMMODATIONS: • Allowing service animal(s) • Assigning a parking space • Reading notices or providing notices in Braille, large print or audio tape • Provide the rental agreement, sales agreement and other notices in clear and simple terms • Provide a reminder at the beginning of the month that the rent is due, if requested
Right to Reasonable MODIFICATIONS WHAT IS A REAONABLE MODIFCATION IN PUBLIC HOUSING?
REASONABLE MODIFICATIONS • WHO PAYS FOR REASONABLE MODIFICATIONS IN PUBLIC HOUSING? • THE AUTHORITY
Examples of Reasonable MODIFICATIONS • Modifications to dwelling unit & common use areas – to allow person with disabilities equal access • Housing providers must pay the costs of the modifications • Widening Doorways • Installing a Ramp • Installing grab bars in the bathroom • Removing carpet from the floors of the apartment • Installing a door bell flasher
Section 504-- Conditions: Housing providers may require documentation that the person with disabilities needs the accommodations through medical documentation that identifies the features that individual needs in order to have peaceful enjoyment of their unit.
Exceptions: Housing providers are NOT required to: • Make changes that would result in a fundamental alteration to the program; or • Incur undue financial and administrative burdens, or • Make changes that require removal or alteration of load bearing walls.
Section 504 Accessibility Requirements New Construction: • Make 5% of units accessible for mobility impaired and 2% for hearing or visually impaired if construction started after July 11, 1988, and first occupancy after March 13, 1991.
Existing Facilities Substantial Alterations: • If 15 or more units are altered and cost reaches 75% of replacement cost of the completed facility, this triggers the new construction rule.
Existing Facilities Other Alterations: • If alteration cost less than 75% of the replacement cost of the building, units altered must be made accessible to the maximum extent feasible.
Program Accessibility(Non-Housing Programs) • A recipient shall operate each non-housing program or activity so that the program or activity, when viewed in its entirety, is readily accessible and usable by individuals with disabilities. • 504 - 24 CFR 8.21(c)(1)