[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: 24CFR9.155]



[Page 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.  9.155  Housing adjustments.



    (a) The agency shall modify its housing policies and practices as 

they relate to PDP housing facilities to ensure that these policies and 

practices do not discriminate, on the basis of disability, against a 

qualified individual with disabilities. The agency may not impose upon 

individuals with disabilities other policies, such as the prohibition of 

assistive devices, auxiliary aids, alarms, or guides in housing 

facilities, that have the effect of limiting the participation of 

tenants with disabilities in any agency conducted housing program or 

activity in violation of this part. Housing policies that the agency can 

demonstrate are essential to the housing program or activity will not be 

regarded as discriminatory within the meaning of this section if 

modifications would result in a fundamental alteration in the nature of 

the program or activity or undue financial and administrative burdens.

    (b) 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 required to comply with this section 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, to the maximum extent possible, individuals 

with disabilities receive the benefits and services of the program or 

activity.