[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: 24CFR9.150]



[Page 162-163]

 

                 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.  9.150  Program accessibility: existing facilities.



    (a) General. Except as otherwise provided in paragraph (e) of this 

section, the agency shall operate each program or activity so that the 

program or activity, when viewed in its entirety, is readily accessible 

to and usable by individuals with disabilities. This section does not--

    (1) Necessarily require the agency to make each of its existing 

facilities accessible to and usable by individuals with disabilities;

    (2) In the case of historic properties, require the agency to take 

any action that would result in a substantial impairment of significant 

historic features of an historic property; or

    (3) Require the agency to take any action that it can demonstrate 

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

activity or in undue financial and administrative burdens. In those 

circumstances where agency personnel believe that the proposed action 

would fundamentally alter the program or activity or would result in 

undue financial and administrative burdens, the agency has the burden of 

proving that compliance with Sec.  9.150(a) would result in such 

alteration or burdens. The decision that compliance would result in such 

alteration or burdens must be made by the Secretary or his or her 

designee after considering all agency resources available for use in the 

funding and operation of the conducted program or activity, and must be 

accompanied by a written statement of the reasons for reaching that 

conclusion. If an action would result in such an alteration or such 

burdens, the agency shall take any other action that would not result in 

such an alteration or such burdens but would nevertheless ensure that 

individuals with disabilities receive the benefits and services of the 

program or activity.

    (b) Methods. The agency may comply with the requirements of this 

section through such means as redesign of equipment, reassignment of 

services to accessible buildings, assignment of aides to beneficiaries, 

home visits, delivery of services at alternate accessible sites, 

alteration of existing facilities and construction of new facilities, 

use of accessible rolling stock, or any other methods that result in 

making its programs or activities readily accessible to and usable by 

individuals with disabilities. The agency is not required to make 

structural changes in existing facilities where other methods are 

effective in achieving compliance



[[Page 163]]



with this section. The agency, in making alterations to existing 

buildings, also shall meet accessibility requirements to the extent 

compelled by the Architectural Barriers Act of 1968, as amended (42 

U.S.C. 4151 through 4157), and any regulations implementing it. In 

choosing among available methods for meeting the requirements of this 

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

programs and activities to qualified individuals with disabilities in 

the most integrated setting appropriate.

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

obligations established under this section within sixty days of July 18, 

1994 except that where structural changes in facilities are undertaken, 

such changes shall be made within three years of July 18, 1994, but in 

any event as expeditiously as possible.

    (d) Transition plan. In the event that structural changes to 

facilities will be undertaken to achieve program accessibility, the 

agency shall develop, within six months of July 18, 1994, a transition 

plan setting forth the steps necessary to complete such changes. The 

agency shall provide an opportunity to interested persons, including 

individuals with disabilities or organizations representing individuals 

with disabilities, to participate in the development of the transition 

plan by submitting comments (both oral and written). 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 agency's facilities that 

limit the accessibility of its programs or activities to individuals 

with disabilities;

    (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; and

    (4) Indicate the official responsible for implementation of the 

plan.

    (e) The requirements of paragraphs (a), (b), and (c) of this section 

shall apply to the Property Disposition Programs. However, this section 

does not require HUD to make alterations to existing facilities that are 

part of the Property Disposition Programs unless such alterations are 

necessary to meet the needs of a current or prospective tenant during 

the time when HUD expects to retain legal possession of the facilities, 

and there is no alternative method to meet the needs of that current or 

prospective tenant. Nothing in this section shall be construed to 

require alterations to make facilities accessible to persons with 

disabilities who are expected to occupy the facilities only after HUD 

relinquishes legal possession.