inatory steps to maximize the utiliza eligible individuals with handicaps for tion of such units by eligible individ- extensions of Housing Certificates or uals whose disability requires the ac- Housing Vouchers; and cessibility features of the particular (5) If necessary in order to achieve unit. To this end, when an accessible compliance with this subpart, request unit becomes vacant, the owner or under 24 CFR part 882, an exception manager before offering such units to to the Fair Market Rents to allow seca non-handicapped applicant shall tion 8 certificate holders to rent accesoffer such unit:

sible units. (1) First, to a current occupant of

(b) In order to ensure that particianother unit of the same project, or

pating owners do not discriminate in comparable projects under common

the recipient's federally assisted procontrol, having handicaps requiring

gram, a recipient shall enter into a the accessibility features of the vacant

HUD-approved contract with particiunit and occupying a unit not having

pating owners, which contract shall insuch features, or, if no such occupant clude necessary assurances of nondisexists, then

crimination. (2) Second, to an eligible qualified applicant on the waiting list having a 88.29 Homeownership programs (Sections handicap requiring the accessibility

235(i) and 235(j), Turnkey II and features of the vacant unit.

Indian Housing Mutual Self-Help pro(b) When offering an accessible unit

grams). to an applicant not having handicaps requiring the accessibility features of

Any housing units newly constructed the unit, the owner or manager may

or rehabilitated for purchase or single require the applicant to agree (and family (including semi-attached and may incorporate this agreement in the

attached) units to be constructed or lease) to move to a non-accessible unit

rehabilitated in a program or activity when available.

receiving Federal financial assistance

shall be made accessible upon request 8 8.28 Housing certificate and housing of the prospective buyer if the nature voucher programs.

of the handicap of an expected occu(a ) In carrying out the requirements

pant so requires. In such case, the of this subpart, a recipient administer

buyer shall consult with the seller or ing a Section 8 Existing Housing Cer

builder/sponsor regarding the specific tificate program or a housing voucher

design features to be provided. If acprogram shall:

cessibility features selected at the (1) In providing notice of the avail.

option of the homebuyer are ones covability and nature of housing assist

ered by the standards prescribed by ance for lower-income families under

$ 8.32, those features shall comply program requirements, adopt suitable

with the standards prescribed in means to assure that the notice

$ 8.32. The buyer shall be permitted to reaches eligible individuals with

depart from particular specifications handicaps;

of these standards in order to accom(2) In its activities to encourage par

modate his or her specific handicap. ticipation by owners, include encour

The cost of making a facility accessiagement of participation by owners

ble under this paragraph may be inhaving accessible units;

cluded in the mortgage amount within (3) When issuing a Housing Certifi

the allowable mortgage limits, where cate or Housing Voucher to a family applicable. To the extent such costs which includes an individual with

exceed allowable mortgage limits, they handicaps include a current listing of

may be passed on to the prospective available accessible units known to the

homebuyer, subject to maximum sales PHA and, if necessary, otherwise assist

price limitations (see 24 CFR 235.320.) the family in locating an available ac

8 8.30 Rental rehabilitation program. cessible dwelling unit;

(4) Take into account the special Each grantee or state recipient in problem of ability to locate an accessi- the rental rehabilitation program ble unit when considering requests by shall, subject to the priority in 24 CFR Office of the Secretary, HUD

511.10(1) and in accordance with other
requirements in 24 CFR part 511, give
priority to the selection of projects
that will result in dwelling units being
made readily accessible to and usable
by individuals with handicaps.
(53 FR 20233, June 2, 1988; 53 FR 28115,
July 26, 1988)

8 8.31 Historic properties.

If historic properties become subject to alterations to which this part applies the requirements of $ 4.1.7 of the standards of $ 8.32 of this part shall apply, except in the case of the Urban Development Action Grant (UDAG) program. In the UDAG program the requirements of 36 CFR part 801 shall apply. Accessibility to historic properties subject to alterations need not be provided if such accessibility would substantially impair the significant historic features of the property or result in undue financial and administrative burdens.

(c) This section does not require recipients to make building alterations that have little likelihood of being accomplished without removing or alter. ing a load-bearing structural member.

(d) For purposes of this section, section 4.1.4(11) of UFAS may not be used to waive or lower the minimum of five percent accessible units required by $ 8.22(b) or to apply the minimum only to projects of 15 or more dwelling units.

(e) Except as otherwise provided in this paragraph, the provisions of $$ 8.21 (a) and (b), 8.22 (a) and (b), 8.23, 8.25(a) (1) and (2), and 8.29 shall apply to facilities that are designed, constructed or altered after July 11, 1988. If the design of a facility was commenced before July 11, 1988, the provisions shall be followed to the maximum extent practicable, as determined by the Department. For purposes of this paragraph, the date a facility is constructed or altered shall be deemed to be the date bids for the construction or alteration of the facility are solicited. For purposes of the Urban Development Action Grant (UDAG) program, the provisions shall apply to the construction or alteration of facilities that are funded under applications submitted after July 11, 1988. If the UDAG application was submitted before July 11, 1988, the provisions shall apply, to the maximum extent practicable, as determined by the Department.

8 8.32 Accessibility standards.

(a) Effective as of July 11, 1988, design, construction, or alteration of buildings in conformance with sections 3-8 of the Uniform Federal Accessibility Standards (UFAS) (appendix A to 41 CFR subpart 101-19.6 for generaltype buildings and appendix A to 24 CFR subpart 40 for residential structures) shall be deemed to comply with the requirements of $$ 8.21, 8.22, 8.23, and 8.25 with respect to those buildings. Departures from particular technical and scoping requirements of UFAS by the use of other methods are permitted where substantially equivalent or greater access to and usability of the building is provided. The alteration of housing facilities shall also be in conformance with additional scoping requirements contained in this part

(b) For purposes of this section, section 4.1.6(1)(g) of UFAS shall be interpreted to exempt from the requirements of UFAS only mechanical rooms and other spaces that, because of their intended use, will not require accessibility to the public or beneficiaries or result in the employment or residence therein of individuals with physical handicaps.

8 8.33 Housing adjustments.

A recipient shall modify its housing policies and practices to ensure that these policies and practices do not discriminate, on the basis of handicap, against a qualified individual with handicaps. The recipient may not impose upon individuals with handicaps other policies, such as the prohibition of assistive devices, auxiliary alarms, or guides in housing facilities, that have the effect of limiting the participation of tenants with handicaps in the recipient's federally assisted housing program or activity in violation of this part. Housing policies that the recipient can demonstrate are essential to the housing program or activity will not be regarded as discriminatory within the meaning of (2) Where no transfer of property is this section if modifications to them involved but property is purchased or would result in a fundamental alter- improved with Federal financial assistation in the nature of the program or ance, the recipient shall agree to inactivity or undue financial and admin- clude the covenant described in paraistrative burdens.

graph (bX2) of this section in the in.

strument effecting or recording any Subpart D-Enforcement

subsequent transfer of the property.

(3) Where Federal financial assist8 8.50 Assurances required.

ance is provided in the form of real (a) Assurances. An applicant for Fed

property or interest in the property eral financial assistance for a program

from the Department, the covenant or activity to which this part applies

shall also include a condition coupled shall submit an assurance to HUD, or

with a right to be reserved by the Dein the case of a subrecipient to a pri

partment to revert title to the proper. mary recipient, on a form specified by

ty in the event of a breach of the cov. the responsible civil rights official,

enant. If a transferee of real property that the program or activity will be

proposes to mortgage or otherwise en. operated in compliance with this part.

cumber the real property as security An applicant may incorporate these

for financing construction of new, or assurances by reference in subsequent improvement of existing, facilities on applications to the Department.

the property for the purposes for (b) Duration of obligation. (1) In the

which the property was transferred, case of Federal financial assistance ex

the Secretary may, upon request of tended in the form of real property or

the transferee and if necessary to acto provide real property or structures

complish such financing and upon on the property, the assurance will ob

such conditions as he or she deems apligate the recipient or, in the case of a

propriate, agree to forbear the exersubsequent transfer, the transferee,

cise of such right to revert title for so for the period during which the real

long as the lien of such mortgage or property or structures are used for the

other encumbrance remains effective. purpose for which Federal financial

8 8.51 Self-evaluation. assistance is extended or for another purpose involving the provision of (a) Each recipient shall, within one similar services or benefits.

year of July 11, 1988, and after consul. (2) In the case of Federal financial tation with interested persons, includassistance extended to provide person

ing individuals with handicaps or orgaal property, the assurance will obligate nizations representing individuals with the recipient for the period during handicaps: which it retains ownership or posses

(1) Evaluate its current policies and sion of the property.

practices to determine whether, in (3) In all other cases the assurance

whole or in part, they do not or may will obligate the recipient for the not meet the requirements of this period during which Federal financial part; assistance is extended.

(2) Modify any policies and practices (c) Covenants. (1) Where Federal fi- that do not meet the requirements of nancial assistance is provided in the this part; and form of real property or interest in (3) Take appropriate corrective steps the property from the Departmentto remedy the discrimination revealed the instrument effecting or recording by the self-evaluation. this transfer shall contain a covenant (b) A recipient that employs fifteen running with the land to assure non- or more persons shall, for at least discrimination for the period during three years following completion of which the real property is used for a the evaluation required under parapurpose for which the Federal finan- graph (a)(1) of this section, maintain cial assistance is extended or for an- on file, make available for public in. other purpose involving the provision spection, and provide to the responsiof similar services or benefits.

ble civil rights official, upon request:

[ocr errors]

(1) A list of the interested persons con- any action prohibited by this part. sulted; (2) a description of areas exam- Such procedures need not be estabined and any problems identified; and lished with respect to complaints from (3) a description of any modifications applicants for employment or from apmade and of any remedial steps taken. plicants for admission to housing cov(Approved by the Office of Management ered by this part. and Budget under control number 25290034)

8 8.54 Notice. (53 FR 20233, June 2, 1988, as amended at (a) A recipient that employs fifteen 54 FR 37645, Sept. 12, 1989)

or more persons shall take appropriate

initial and continuing steps to notify 8 8.52 Remedial and affirmative action.

participants, beneficiaries, applicants, (a) Remedial action. (1) If the re

and employees, including those with sponsible civil rights official finds that

impaired vision or hearing, and unions & recipient has discriminated against

or professional organizations holding persons on the basis of handicap in

collective bargaining or professional violation of section 504 or this part,

agreements with the recipient that it the recipient shall take such remedial

does not discriminate on the basis of action as the responsible civil rights

handicap in violation of this part. The official deems necessary to overcome

notification shall state, where approthe effects of the discrimination. (2) The responsible civil rights offi

priate, that the recipient does not dis

criminate in admission or access to, or cial may, where necessary to overcome

treatment or employment in, its federthe effects of discrimination in viola

ally assisted programs and activities. tion of section 504 or this part, require

The notification shall also include an a recipient to take remedial action

identification of the responsible em(1) With respect to individuals with

ployee designated pursuant to $ 8.53. A handicaps who are no longer participants in the program but who were

recipient shall make the initial notifi. participants in the program when such

cation required by this paragraph discrimination occurred or

within 90 days of July 11, 1988. Meth(II) With respect to individuals with

ods of initial and continuing notificahandicaps who would have been par

tion may include the posting of noticipants in the program had the dis

tices, publication in newspapers and crimination not occurred.

magazines, placement of notices in re(b) Voluntary action. A recipient cipients' publications, and distribution may take nondiscriminatory steps, in

of memoranda or other written comaddition to any action that is required

munications. by this part, to overcome the effects of (b) If a recipient publishes or uses conditions that resulted in limited par- recruitment materials or publications ticipation in the recipient's program or containing general information that it activity by qualified individuals with makes available to participants, benehandicaps.

ficiaries, applicants, or employees, it

shall include in those materials or 88.53 Designation of responsible employ- publications a statement of the policy

ee and adoption of grievance proce- described in paragraph (a) of this secdures.

tion. A recipient may meet the re(a) Designation of responsible em- quirement of this paragraph either by ployee. A recipient that employs fif- including appropriate inserts in existteen or more persons shall designate ing materials and publications or by at least one person to coordinate its ef- revising and reprinting the materials forts to comply with this part.

and publications. (b) Adoption of grievance proce- (c) The recipient shall ensure that dures. A recipient that employees fif. members of the population eligible to teen or more persons shall adopt griev- be served or likely to be affected diance procedures that incorporate ap- rectly by a federally assisted program propriate due process standards and who have visual or hearing impairthat provide for the prompt and equi. ments are provided with the informatable resolution of complaints alleging tion necessary to understand and par

ticipate in the program. Methods for formation available to them in such ensuring participation include, but are manner as the responsible civil rights not limited to, qualified sign language official finds necessary to apprise such and oral interpreters, readers, or the persons of the protections against disuse of taped and Braille materials. crimination assured them by this part. 8 8.55 Compliance information.

(Approved by the Office of Management

and Budget under control number 2529(a) Cooperation and assistance. The 0034) responsible civil rights official and the award official shall, to the fullest

(53 FR 20233, June 2, 1988, as amended at

54 FR 37645. Sept. 12, 1989) extent practicable, seek the cooperation of recipients in obtaining compli

8 8.56 Conduct of investigations. ance with this part and shall provide assistance and guidance to recipients

(a) Periodic compliance reviews. to help them comply voluntarily with The responsible civil rights official or this part.

designee may periodically review the (b) Compliance reports. Each recipi. practices of recipients to determine ent shall keep such records and submit whether they are complying with this to the responsible civil rights official

part and where he or she has a reasonor his or her designee timely, com

able basis to do so may conduct on-site plete, and accurate compliance reports

reviews. Such basis may include any at such times, and in such form and evidence that a problem exists or that containing such information, as the re

programmatic matters exist that justisponsible civil rights official or his or fy on-site investigation in selected cirher designee may determine to be nec- cumstances. The responsible civil essary to enable him or her to ascer. rights official shall initiate an on-site tain whether the recipient has com

review by sending to the recipient a plied or is complying with this part. In letter advising the recipient of the general, recipients should have avail- practices to be reviewed; the programs able for the Department data showing affected by the review; and the opporthe extent to which individuals with tunity, at any time prior to receipt of a handicaps are beneficiaries of federal- final determination, to make a doculy assisted programs.

mentary or other submission that ex(c) Access to sources of information. plains, validates, or otherwise addressEach recipient shall permit access by es the practices under review. In addithe responsible civil rights official tion, each award official shall include during normal business hours to such in normal program compliance reviews of its books, records, accounts, and

and monitoring procedures appropriother sources of information, and its

ate actions to review and monitor comfacilities, as may be pertinent to ascer- pliance with general or specific protain compliance with this part. Where gram requirements designed to effecany information required of a recipi- tuate the requirements of this part. ent is in the exclusive possession of (b) Investigations. The responsible any other agency, institution, or civil rights official shall make a person and this agency, institution, or prompt investigation whenever a comperson shall fail or refuse to furnish pliance review, report, complaint or this information, the recipient shall so any other information indicates a poscertify in its report and shall set forth sible failure to comply with this part. what efforts it has made to obtain the (c) Filing a complaint-(1) Who may information.

file. Any person who believes that he (d) Information to beneficiaries and or she has been subjected to discrimi. participants. Each recipient shall nation prohibited by this part may by make available to participants, benefi- himself or herself or by his or her auciaries, and other interested persons thorized representative file a comsuch information regarding the provi- plaint with the responsible civil rights sions of this part and its applicability official. Any person who believes that to the program or activity under any specific class of persons has been which the recipient receives Federal fi- subjected to discrimination prohibited nancial assistance, and make such in- by this part and who is a member of

[ocr errors]
« ForrigeFortsett »