[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: 24CFR8.4]



[Page 139-140]

 

                 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 A_General Provisions

 

Sec.  8.4  Discrimination prohibited.



    (a) No qualified individual with handicaps shall, solely on the 

basis of handicap, be excluded from participation in, be denied the 

benefits of, or otherwise be subjected to discrimination under any 

program or activity that receives Federal financial assistance from the 

Department.

    (b)(1) A recipient, in providing any housing, aid, benefit, or 

service in a program or activity that receives Federal financial 

assistance from the Department may not, directly or through contractual, 

licensing, or other arrangements, solely on the basis of handicap:

    (i) Deny a qualified individual with handicaps the opportunity to 

participate in, or benefit from, the housing, aid, benefit, or service;

    (ii) Afford a qualified individual with handicaps an opportunity to 

participate in, or benefit from, the housing, aid, benefit, or service 

that is not equal to that afforded to others;

    (iii) Provide a qualified individual with handicaps with any 

housing, aid, benefit, or service that is not as effective in affording 

the individual an equal opportunity to obtain the same result, to gain 

the same benefit, or to reach the same level of achievement as that 

provided to others;

    (iv) Provide different or separate housing, aid, benefits, or 

services to individuals with handicaps or to any class of individuals 

with handicaps from that provided to others unless such action is 

necessary to provide qualified individuals with handicaps with housing, 

aid, benefits, or services that are as effective as those provided to 

others.

    (v) Aid or perpetuate discrimination against a qualified individual 

with handicaps by providing significant assistance to an agency, 

organization, or person that discriminates on the basis of handicap in 

providing any housing, aid, benefit, or service to beneficiaries in the 

recipient's federally assisted program or activity;

    (vi) Deny a qualified individual with handicaps the opportunity to 

participate as a member of planning or advisory boards;

    (vii) Deny a dwelling to an otherwise qualified buyer or renter 

because of a handicap of that buyer or renter or a person residing in or 

intending and eligible to reside in that dwelling after it is sold, 

rented or made available; or

    (viii) Otherwise limit a qualified individual with handicaps in the 

enjoyment of any right, privilege, advantage, or opportunity enjoyed by 

other qualified individuals receiving the housing, aid, benefit, or 

service.

    (2) For purposes of this part, housing, aids, benefits, and 

services, to be equally effective, are not required to produce the 

identical result or level of achievement for individuals with handicaps 

and non-handicapped persons, but must afford individuals with handicaps 

equal opportunity to obtain



[[Page 140]]



the same result, to gain the same benefit, or to reach the same level of 

achievement.

    (3) A recipient may not deny a qualified individual with handicaps 

the opportunity to participate in any federally assisted program or 

activity that is not separate or different despite the existence of 

permissibly separate or different programs or activities.

    (4) In any program or activity receiving Federal financial 

assistance from the Department, a recipient may not, directly or through 

contractual or other arrangements, utilize criteria or methods of 

administration the purpose or effect of which would:

    (i) Subject qualified individuals with handicaps to discrimination 

solely on the basis of handicap;

    (ii) Defeat or substantially impair the accomplishment of the 

objectives of the recipient's federally assisted program or activity for 

qualified individuals with a particular handicap involved in the program 

or activity, unless the recipient can demonstrate that the criteria or 

methods of administration are manifestly related to the accomplishment 

of an objective of a program or activity; or

    (iii) Perpetuate the discrimination of another recipient if both 

recipients are subject to common administrative control or are agencies 

of the same State.

    (5) In determining the site or location of a federally assisted 

facility, an applicant for assistance or a recipient may not make 

selections the purpose or effect of which would:

    (i) Exclude qualified individuals with handicaps from, deny them the 

benefits of, or otherwise subject them to discrimination under, any 

program or activity that receives Federal financial assistance from the 

Department, or

    (ii) Defeat or substantially impair the accomplishment of the 

objectives of the program or activity with respect to qualified 

individuals with handicaps.

    (6) As used in this section, the housing, aid, benefit, or service 

provided under a program or activity receiving Federal financial 

assistance includes any housing, aid, benefit, or service provided in or 

through a facility that has been constructed, altered, leased or rented, 

or otherwise acquired, in whole or in part, with Federal financial 

assistance.

    (c)(1) Non-handicapped persons may be excluded from the benefits of 

a program if the program is limited by Federal statute or executive 

order to individuals with handicaps. A specific class of individuals 

with handicaps may be excluded from a program if the program is limited 

by Federal statute or Executive order to a different class of 

individuals.

    (2) Certain Department programs operate under statutory definitions 

of handicapped person that are more restrictive than the definition of 

individual with handicaps contained in Sec.  8.3 (see appendix B). Those 

definitions are not superseded or otherwise affected by this regulation.

    (d) Recipients shall administer programs and activities receiving 

Federal financial assistance in the most integrated setting appropriate 

to the needs of qualified individuals with handicaps.

    (e) The obligation to comply with this part is not obviated or 

alleviated by any State or local law or other requirement that, based on 

handicap, imposes inconsistent or contradictory prohibitions or limits 

upon the eligibility of qualified individuals with handicaps to receive 

services or to practice any occupation or profession.

    (f) The enumeration of specific forms of prohibited discrimination 

in paragraphs (b) through (e) of this section does not limit the general 

prohibition in paragraph (a) of this section.



[53 FR 20233, June 2, 1988; 53 FR 28115, July 26, 1988]