An individual with a disability is any person who has a physical or mental impairment that substantially limits one or more major life activities. The term physical or mental impairment may include, but is not limited to, conditions such as visual or hearing impairment, mobility impairment, HIV infection, developmental disabilities, drug addiction, or mental illness. In general, the definition of “person with disabilities” does not include current users of illegal controlled substances. However, individuals would be protected under Section 504 (as well as the ADA) if a purpose of the specific program or activity is to provide health or rehabilitation services to such individuals.

The term major life activity may include, for example, seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, speaking, or working. This list is not exhaustive. Section 504 also protects persons who have a record of such impairment, or are regarded as having such an impairment. For more information, visit Disability Overview.

Section 504 prohibits discrimination on the basis of disability in any program or activity that receives federal financial assistance. This means, for example, that persons with disabilities cannot be denied the opportunity to participate in a program or activity because of their disability; cannot be required to accept a different kind or lesser program or service than what is provided to others without disabilities, and cannot be required to participate in separate programs and services from those available to persons without disabilities, even if separate programs and services exist.

In general, with respect to housing, HHA cannot deny or refuse to sell or rent to a person with a disability, and cannot impose application or qualification criteria, rental fees or sales prices, and rental or sales terms or conditions that are different than those required of or provided to persons without disabilities.

HHA cannot not require persons with disabilities to live only on certain floors, or in one section of the housing. Housing providers may not refuse to make repairs, and may not limit or deny someone with a disability access to recreational and other public and common use facilities, parking privileges, cleaning or janitorial services, or any services which are made available to other residents without disabilities. Additionally, persons with disabilities may not be denied the opportunity to serve on planning or advisory boards because of their disabilities.

Section 504 does not require that a person with a disability be accepted without regard to eligibility requirements or his or her ability to meet standard, nondiscriminatory tenant selection and screening criteria. Rather, Section 504 requires that a person with a disability be evaluated using the same objective criteria that are applied to persons without disabilities, provided such criteria are nondiscriminatory and subject to reasonable accommodations and the provision of appropriate auxiliary aids and services necessary to ensure effective communication.

Applicants, with or without a disability, may be rejected if they have a record of adversely affecting others such as excessively disturbing neighbors, destroying property, or failing to pay their rent on time. However, under Section 504, the HHA must make sound and reasonable judgments based on objective and reliable evidence (current conduct or a history of overt acts).

Subjective fears, unsubstantiated rumors, speculation and generalized suspicion do not constitute objective information that an applicant cannot meet the terms of tenancy. HHA also subject to reasonable accommodation requirements with respect to such policies and may be required to make exceptions based on the manifestations of some disabilities.

No. An individual with a disability who uses a wheelchair is no more likely than anyone else to cause damage, beyond typical wear and tear, to a dwelling unit. However, if a person who uses a wheelchair does cause damage to a unit that is beyond normal wear and tear that may be caused by use of a wheelchair, that individual may be required to cover the cost of such damage out of a standard security deposit that is charged to everyone.

A reasonable accommodation is a change, adaptation, or modification to a policy, program, service, or workplace which will allow a qualified person with a disability to participate fully in a program, take advantage of a service, or perform a job. Reasonable accommodations may include, for example, those which may be necessary in order for the person with a disability to use and enjoy a dwelling, including public and common use spaces. Since persons with disabilities may have unique needs due to their disabilities, in some cases, simply treating persons with disabilities exactly the same as others may not ensure that they have an equal opportunity to use and enjoy a dwelling.

In order to show that a requested accommodation may be necessary, there must be an identifiable relationship, or nexus, between the requested accommodation and the individual’s disability. As discussed in the next question and answer, what is reasonable must be determined on a case-by-case basis. However, experience has shown that the following examples are often reasonable accommodations:

• A federally-assisted housing provider has a policy of not providing assigned parking spaces. A tenant with a mobility impairment, who has difficulty walking, is provided a reasonable accommodation by being given an assigned accessible parking space in front of the entrance to his unit.

• A federally-assisted housing provider has a policy of requiring tenants to come to the rental office to pay their rent. A tenant with a mental disability, who is afraid to leave her unit, is provided a reasonable accommodation by being allowed to mail her rent payment.

• A federally-assisted housing provider has a no pets policy. A tenant, who uses a wheelchair and has difficulty picking up items off the ground, is allowed to have an assistance animal that fetches things for her as a reasonable accommodation to her disability.

• An older tenant has a stroke and begins to use a wheelchair. Her apartment has steps at the entrance and she needs a ramp to enter the unit. Her federally-assisted housing provider pays for the construction of a ramp as a reasonable accommodation to the tenant’s disability.

An individual with a disability should request an accommodation as soon as it appears that the accommodation is needed. However, requests may be made at any time. For example, requests may be made when you are applying for housing, entering into a lease, or occupying housing. If you develop a disability during your tenancy, you can request accommodations, even if you did not have a disability when you signed your lease.

To request reasonable accommodation, scroll to the top of this page and click the “Request for Reasonable Accommodation Form” icon to open the form. You can print this form, fill it out, and return it to the Resident Services office located within Potomac Towers on 11 W. Baltimore St. in Hagerstown.

HUD’s Section 504 regulations define an accessible dwelling unit as a unit that is located on an accessible route and can be approached, entered, and used by individuals with physical disabilities. A unit that is on an accessible route and is adaptable and otherwise in compliance with the standards set forth in 24 C.F.R § 8.32 is accessible. In addition, the Section 504 regulations impose specific accessibility requirements for new construction and alteration of housing and non-housing facilities in HUD assisted programs. Section 8.32 of the regulations states that compliance with the appropriate technical criteria in the Uniform Federal Accessibility Standards (UFAS) or HUD’s Deeming Notice, or a standard that is equivalent to or stricter than the UFAS, is an acceptable means of meeting the technical accessibility requirements in Sections 8.21, 8.22, 8.23 and 8.25 of the Section 504 regulations. However, most units are covered by multiple federal accessibility laws and multiple federal accessibility standards. Compliance with all applicable accessibility laws is necessary.