Other Alterations. (1) Subject to paragraph (b)(2) of this section, alter- ations to dwelling units in a multi- family housing project (including pub- lic housing) shall, to the maximum ex- tent feasible, be made to be readily ac- cessible to and usable by individuals with handicaps. If alterations of single elements or spaces of a dwelling unit, when considered together, amount to an alteration of a dwelling unit, the en- tire dwelling unit shall be made acces- sible. Once five percent of the dwelling units in a project are readily accessible to and usable by individuals with mo- bility impairments, then no additional elements of dwelling units, or entire dwelling units, are required to be ac- cessible under this paragraph. Alter- ations to common areas or parts of fa- cilities that affect accessibility of ex- isting housing facilities shall, to the maximum extent feasible, be made to be accessible to and usable by individ- uals with handicaps. For purposes of this paragraph, the phrase to the max- imum extent feasible shall not be inter- preted as requiring that a recipient (in- cluding a PHA) make a dwelling unit, common area, facility or element thereof accessible if doing so would im- pose undue financial and administra- tive burdens on the operation of the multifamily housing project. (2) HUD may prescribe a higher per- centage or number than that pre- scribed in paragraph (b)(1) of this sec- tion for any area upon request therefor by any affected recipient or by any State or local government or agency thereof based upon demonstration to the reasonable satisfaction of HUD of a need for a higher percentage or num- ber, based on census data or other available current data (including a cur- rently effective Housing Assistance Plan or Comprehensive Homeless As- sistance Plan), or in response to evi- dence of a need for a higher percentage or number received in any other man- ner. In reviewing such request or other- wise assessing the existence of such needs, HUD shall take into account the expected needs of eligible persons with and without handicaps.
Appears in 2 contracts
Sources: Compliance Agreement, Compliance Agreement