[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR100.204]



[Page 674]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 100_DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT--Table 

of Contents

 

    Subpart D_Prohibition Against Discrimination Because of Handicap

 

Sec.  100.204  Reasonable accommodations.



    (a) It shall be unlawful for any person to refuse to make reasonable 

accommodations in rules, policies, practices, or services, when such 

accommodations may be necessary to afford a handicapped person equal 

opportunity to use and enjoy a dwelling unit, including public and 

common use areas.

    (b) The application of this section may be illustrated by the 

following examples:



    Example (1): A blind applicant for rental housing wants live in a 

dwelling unit with a seeing eye dog. The building has a no pets policy. 

It is a violation of Sec.  100.204 for the owner or manager of the 

apartment complex to refuse to permit the applicant to live in the 

apartment with a seeing eye dog because, without the seeing eye dog, the 

blind person will not have an equal opportunity to use and enjoy a 

dwelling.

    Example (2): Progress Gardens is a 300 unit apartment complex with 

450 parking spaces which are available to tenants and guests of Progress 

Gardens on a first come first served basis. John applies for housing in 

Progress Gardens. John is mobility impaired and is unable to walk more 

than a short distance and therefore requests that a parking space near 

his unit be reserved for him so he will not have to walk very far to get 

to his apartment. It is a violation of Sec.  100.204 for the owner or 

manager of Progress Gardens to refuse to make this accommodation. 

Without a reserved space, John might be unable to live in Progress 

Gardens at all or, when he has to park in a space far from his unit, 

might have great difficulty getting from his car to his apartment unit. 

The accommodation therefore is necessary to afford John an equal 

opportunity to use and enjoy a dwelling. The accommodation is reasonable 

because it is feasible and practical under the circumstances.