[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: 24CFR8.24]



[Page 145-146]

 

                 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.  8.24  Existing housing programs.



    (a) General. A recipient shall operate each existing housing program 

or activity receiving Federal financial assistance so that the program 

or activity, when viewed in its entirety, is readily accessible to and 

usable by individuals with handicaps. This paragraph does not--

    (1) Necessarily require a recipient to make each of its existing 

facilities accessible to and usable by individuals with handicaps;

    (2) Require a recipient to take any action that it can demonstrate 

would result in a fundamental alteration in the nature of its program or 

activity or in undue financial and administrative burdens. If an action 

would result in such an alteration or such burdens, the recipient shall 

take any action that would not result in such an alteration or such 

burdens but would nevertheless ensure that individuals with handicaps 

receive the benefits and services of the program or activity.

    (b) Methods. A recipient may comply with the requirements of this 

section through such means as reassignment of services to accessible 

buildings, assignment of aides to beneficiaries, provision of housing or 

related services at alternate accessible sites, alteration of existing 

facilities and construction of new facilities, or any other methods that 

result in making its programs or activities readily accessible to and 

usable by individuals with handicaps. A recipient is not required to 

make structural changes in existing housing facilities where other 

methods are effective in achieving compliance with this section or to 

provide supportive services that are not part of the program. In 

choosing among available methods for meeting the requirements of this 

section, the recipient shall give priority to those methods that offer 

programs and activities to qualified individuals with handicaps in the 

most integrated setting appropriate.

    (c) Time period for compliance. The recipient shall comply with the 

obligations established under this section within sixty days of July 11, 

1988 except that--

    (1) In a public housing program where structural changes in 

facilities are undertaken, such changes shall be made within the 

timeframes established in Sec.  8.25(c).



[[Page 146]]



    (2) In other housing programs, where structural changes in 

facilities are undertaken, such changes shall be made within three years 

of July 11, 1988, but in any event as expeditiously as possible.

    (d) Transition plan and time period for structural changes. Except 

as provided in Sec.  8.25(c), in the event that structural changes to 

facilities will be undertaken to achieve program accessibility, a 

recipient shall develop, within six months of July 11, 1988, a 

transition plan setting forth the steps necessary to complete such 

changes. The plan shall be developed with the assistance of interested 

persons, including individuals with handicaps or organizations 

representing individuals with handicaps. A copy of the transition plan 

shall be made available for public inspection. The plan shall, at a 

minimum--

    (1) Identify physical obstacles in the recipient's facilities that 

limit the accessibility of its programs or activities to individuals 

with handicaps;

    (2) Describe in detail the methods that will be used to make the 

facilities accessible;

    (3) Specify the schedule for taking the steps necessary to achieve 

compliance with this section and, if the time period of the transition 

plan is longer than one year, identify steps that will be taken during 

each year of the transition period;

    (4) Indicate the official responsible for implementation of the 

plan; and

    (5) Identify the persons or groups with whose assistance the plan 

was prepared.



(Approved by the Office of Management and Budget under control number 

2529-0034)



[53 FR 20233, June 2, 1988; 53 FR 28115, July 26, 1988, as amended at 54 

FR 37645, Sept. 12, 1989]