[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: 24CFR9.131]



[Page 161-162]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 9_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY IN 

PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT--Table of Contents

 

Sec.  9.131  Direct threat.



    (a) This part does not require the agency to permit an individual to 

participate in, or benefit from the goods, services, facilities, 

privileges, advantages and accommodations of that agency when that 

individual poses a direct threat to the health or safety of others.



[[Page 162]]



    (b) ``Direct threat'' means a significant risk to the health or 

safety of others that cannot be eliminated by a modification of 

policies, practices, or procedures, or by the provision of auxiliary 

aids or services.

    (c) In determining whether an individual poses a direct threat to 

the health or safety of others, the agency must make an individualized 

assessment, based on reasonable judgment that relies on current medical 

knowledge or on the best available objective evidence to ascertain: the 

nature, duration, and severity of the risk; the probability that the 

potential injury will actually occur; and whether reasonable 

modifications of policies, practices, or procedures will mitigate the 

risk.