[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: 24CFR8.23]



[Page 144-145]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 8_NONDISCRIMINATION BASED ON HANDICAP IN FEDERALLY ASSISTED PROGRAMS 

AND ACTIVITIES OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT--Table 

of Contents

 

                     Subpart C_Program Accessibility

 

Sec.  8.23  Alterations of existing housing facilities.



    (a) Substantial alteration. If alterations are undertaken to a 

project (including a public housing project as required by Sec.  

8.25(a)(2)) that has 15 or more units and the cost of the alterations is 

75 percent or more of the replacement cost of the completed facility, 

then the provisions of Sec.  8.22 shall apply.



[[Page 145]]



    (b) Other alterations. (1) Subject to paragraph (b)(2) of this 

section, alterations to dwelling units in a multifamily housing project 

(including public housing) shall, to the maximum extent feasible, be 

made to be readily accessible to and usable by individuals with 

handicaps. If alterations of single elements or spaces of a dwelling 

unit, when considered together, amount to an alteration of a dwelling 

unit, the entire dwelling unit shall be made accessible. Once five 

percent of the dwelling units in a project are readily accessible to and 

usable by individuals with mobility impairments, then no additional 

elements of dwelling units, or entire dwelling units, are required to be 

accessible under this paragraph. Alterations to common areas or parts of 

facilities that affect accessibility of existing housing facilities 

shall, to the maximum extent feasible, be made to be accessible to and 

usable by individuals with handicaps. For purposes of this paragraph, 

the phrase to the maximum extent feasible shall not be interpreted as 

requiring that a recipient (including a PHA) make a dwelling unit, 

common area, facility or element thereof accessible if doing so would 

impose undue financial and administrative burdens on the operation of 

the multifamily housing project.

    (2) HUD may prescribe a higher percentage or number than that 

prescribed in paragraph (b)(1) of this section for any area upon request 

therefor by any affected recipient or by any State or local government 

or agency thereof based upon demonstration to the reasonable 

satisfaction of HUD of a need for a higher percentage or number, based 

on census data or other available current data (including a currently 

effective Housing Assistance Plan or Comprehensive Homeless Assistance 

Plan), or in response to evidence of a need for a higher percentage or 

number received in any other manner. In reviewing such request or 

otherwise assessing the existence of such needs, HUD shall take into 

account the expected needs of eligible persons with and without 

handicaps.