[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: 24CFR9.152]



[Page 163-164]

 

                 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.  9.152  Program accessibility: alterations of Property Disposition 

Program multifamily housing facilities.



    (a) Substantial alteration. If the agency undertakes alterations to 

a PDP multifamily housing project 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 project shall be designed and altered to be 

readily accessible to and usable by individuals with disabilities. 

Subject to paragraph (c) of this section, a minimum of five percent of 

the total dwelling units, or at least one unit, whichever is greater, 

shall be made accessible for persons with mobility impairments. A unit 

that is on an accessible route and is adaptable and otherwise in 

compliance with the standards set forth in paragraph (d) of



[[Page 164]]



this section is accessible for purposes of this section. An additional 

two percent of the units (but not less that one unit) in such a project 

shall be accessible for persons with hearing or vision impairments. If 

state or local requirements for alterations require greater action than 

this paragraph, those requirements shall prevail.

    (b) Other alteration. (1) Subject to paragraph (c) of this section, 

alterations to dwelling units in a PDP multifamily housing project 

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

to and usable by individuals with disabilities. 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. Once 

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

or usable by individuals with hearing or vision impairments, then no 

additional elements of dwelling units, or entire dwelling units, are 

required to be accessible under this paragraph.

    (2) 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 disabilities.

    (c) The agency may establish a higher percentage or number of 

accessible units than that prescribed in paragraphs (a) or (b) of this 

section if the agency determines that there is a need for a higher 

percentage or number, based on census data or other available current 

data. In making such a determination, HUD shall take into account the 

expected needs of eligible persons with and without disabilities.

    (d) The definitions, requirements, and accessibility standards that 

apply to PDP multifamily housing projects covered by this section are 

those contained in the UFAS, except where the ADAAG provides for greater 

accessibility for the type of alteration being undertaken, and, in this 

case, the definitions, requirements and standards of the ADAAG shall 

apply.

    (e) With respect to multifamily housing projects operated by HUD, 

but in which HUD does not have an ownership interest, alterations under 

this section need not be made if doing so would impose undue financial 

and administrative burdens on the operation of the multifamily housing 

project.