HUD’s Office of Fair Housing and Equal Opportunity (FHEO) published an Advanced Notice of Proposed Rulemaking (ANPRM) on April 25 seeking public input in advance of updating the regulations implementing Section 504 of the “Rehabilitation Act of 1973.” Section 504 prohibits discrimination on the basis of disability in all programs and activities receiving federal financial assistance and in programs and activities conducted by executive agencies. The current regulations were published in 1988. FHEO requests public feedback in regard to 13 questions and intends to draft a Notice of a Proposed Rulemaking (NPRM) proposing an updated accessibility standard. The background section of the ANPRM and the questions provide a basic primer on Section 504 and various issues that might confront people with disabilities. Comments are due by July 24.
Short Background on Section 504
Section 504 of the act provides that “no otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by an executive agency.”
All recipients and subrecipients of federal financial assistance from HUD must comply with Section 504 of the act and its implanting regulations at 24 CFR part 8. The act and regulations cover all programs and activities of recipients of funds from HUD, including, for example, eligibility criteria, application processes, site selection, admission to and continued participation in programs, tenancy, service delivery, and accessibility of programs and facilities. The regulations contain general prohibitions against discrimination and offer examples of discriminatory actions.
Section 504 requires recipients to administer programs and activities in the most integrated setting appropriate to the needs of individuals with disabilities; make reasonable accommodations that adjust, modify, or make exceptions to policies or practices and structural modifications to facilities that may be necessary for an individual with a disability; and distribute accessible dwelling units throughout assisted projects and sites. Recipients must also take appropriate steps to ensure effective communication with applicants, beneficiaries, and members of the public who have disabilities.
Questions Posed by the ANPRM
The ANPRM poses 13 questions about which FHEO seeks public input. These include the following:
- Should the definition of “individual with disabilities” be revised, and if so, how?
- To what extent are people with disabilities at serious risk of entering institutional settings or being unable to transition from institutional or group home settings?
- Are there specific examples of discrimination that individuals with mental health or substance use disabilities have experienced?
- Are there specific examples of discrimination that individuals with intellectual, cognitive, or developmental disabilities have experienced?
- What types of auxiliary aids and services do individuals with disabilities need in housing and community development programs and activities? (Recipients must ensure effective communication with applicants, beneficiaries, and members of the public who have disabilities and are required to provide appropriate auxiliary aids and services when necessary to afford people with disabilities an equal opportunity to participate in, and benefit from, a program or activity receiving federal financial assistance.)
- What challenges exist in using a Housing Choice Voucher (HCV) in the private rental market to secure a unit that meets a household’s disability-related needs? For example, is the process to seek an extension of the search term due to the lack of accessible housing effective, or is the process to seek exception rent under the exception payments standard for accessible housing units effective?
Read the ANPRM at: https://bit.ly/3LDaB1K
Find an easier-to-read version of the ANPRM at: https://bit.ly/3VaIj1X