HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act (May 17, 2004)

Citation: HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act (May 17, 2004)
Parent Document: HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act (May 17, 2004)
Jurisdiction: United States (federal)
Original Source: https://www.justice.gov/sites/default/files/crt/legacy/2010/12/14/joint_state... ↗

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4
 Housing providers that receive federal financial assistance are also subject to the
requirements of Section 504 of the Rehabilitation Act of l973. 29 U.S.C. § 794. Section 504,
and its implementing regulations at 24 C.F.R. Part 8, prohibit discrimination based on disability
and require recipients of federal financial assistance to provide reasonable accommodations to
applicants and residents with disabilities. Although Section 504 imposes greater obligations than
the Fair Housing Act, (e.g., providing and paying for reasonable accommodations that involve
structural modifications to units or public and common areas), the principles discussed in this
Statement regarding reasonable accommodation under the Fair Housing Act generally apply to
requests for reasonable accommodations to rules, policies, practices, and services under Section
504. See U.S. Department of Housing and Urban Development, Office of Public and Indian
Housing, Notice PIH 2002-01(HA) (www.hud.gov/offices/fheo/disabilities/PIH02-01.pdf) and
“Section 504: Frequently Asked Questions,” (www.hud.gov/offices/fheo/disabilities/
sect504faq.cfm#anchor272118).
5
 The Fair Housing Act’s protection against disability discrimination covers not only
home seekers with disabilities but also buyers and renters without disabilities who live or
are associated with individuals with disabilities 42 U.S.C. § 3604(f)(1)(B), 42 U.S.C.
§ 3604(f)(1)(C), 42 U.S.C. § 3604(f)(2)(B), 42 U.S.C. § (f)(2)(C). See also H.R. Rep. 100-711 –
24 (reprinted in 1988 U.S.C.A.N. 2173, 2184-85) (“The Committee intends these provisions to
prohibit not only discrimination against the primary purchaser or named lessee, but also to
prohibit denials of housing opportunities to applicants because they have children, parents,
friends, spouses, roommates, patients, subtenants or other associates who have disabilities.”).
Accord: Preamble to Proposed HUD Rules Implementing the Fair Housing Act, 53 Fed. Reg.
45001 (Nov. 7, 1988) (citing House Report).
6
 42 U.S.C. § 3604(f)(3)(B). HUD regulations pertaining to reasonable accommodations
may be found at 24 C.F.R. § 100.204.

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