Reasonable Accommodations/Modifications & Section 504

advertisement
Thurman G. Miles, Director
Fort Worth FHEO Center
Region VI
New Construction
 Section 8.22. New multifamily housing projects
(including public housing projects) shall be
designed and constructed to be readily accessible
to and usable by individuals with disabilities.
 A minimum of five percent of the total dwelling
units or at least one unit will in a multifamily
housing project, whichever is greater shall be
made accessible for persons with mobility
impairments.
Continued
 A unit on an accessible route and is adaptable and
otherwise in compliance with Section 504 standards, is
accessible for purposes of the Act.
 An additional two percent of the units (but not less
than one unit) in such a project shall be accessible for
persons with hearing or vision impairments.
Reasonable
Accommodations/modifications
 A recipient shall make reasonable accommodations in
the known physical or mental limitations of an
otherwise qualified applicant with disabilities or
employee with disabilities, unless the recipient can
demonstrate that the accommodation would impose
an undue hardship on the operation of the program.
Continued
 Factors in determining whether or not an undue
hardship exists are;
 The overall size of the recipient’s program with
respect to the number and type of facilities, and
size of budget;
 The type of the recipient’s operation, including the
composition and structure of the recipient;s
workforce; and
 The nature and cost of the accommodation
needed.
Remedies to the Beneficiary
 The Recipient may enter into a Voluntary Compliance
Agreement with the Department;
 Referral to DOJ for:
 Suspension of federal financial assistance;
 Debarment;
 Limited Denial of participation;
 Denial of participation
Download