[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: 24CFR9.154]



[Page 164-165]

 

                 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.  9.154  Occupancy of accessible dwelling units.



    (a) The agency shall adopt suitable means to assure that information 

regarding the availability of accessible units in PDP housing facilities 

reaches eligible individuals with disabilities, and shall take 

reasonable nondiscriminatory steps to maximize the utilization of such 

units by eligible individuals whose disability requires the 

accessibility features of the particular unit. To this end, when an 

accessible unit becomes vacant, the agency (or its management agent) 

before offering such units to an applicant without disabilities shall 

offer such unit:

    (1) First, to a current occupant of another unit of the same 

project, or comparable projects under common control, having 

disabilities requiring the accessibility features of the vacant unit and 

occupying a unit not having such features, or, if no such occupant 

exists, then



[[Page 165]]



    (2) Second, to an eligible qualified applicant on the waiting list 

having a disability requiring the accessibility features of the vacant 

unit.

    (b) When offering an accessible unit to an applicant not having 

disabilities requiring the accessibility features of the unit, the 

agency may require the applicant to agree (and may incorporate this 

agreement in the lease) to move to a non-accessible unit when available.