Modifications for Accessibility in Units in the Voucher Program - Information
Bulletin # 107 (4/06)

In the recently issued HUD Notice 2006-05 "Implementation of the 2006
HUD Appropriation Act," HUD explicitly recognized that a Housing
Authority's Administrative Fees in its Housing Voucher Program can be used
to modify housing units to make them accessible.

Under HUD's Section 504 Rehabilitation Act's "reasonable
accommodation" duty and also under regulation, 24 Code of Federal
Regulations 8.28, Housing Authorities that administer a Housing Voucher
Program have the following legal duties:

1. Encourage owners of accessible units to participate in the voucher
program;

2. List those units that are accessible; and

3. "If necessary, otherwise assist the family in locating an
available accessible dwelling unit."

Many disability advocates have complained that persons with
disabilities who had a voucher had great difficulty finding an accessible
unit that participated in the Housing Voucher Program. However, you've
noted that there are landlords who would make their units accessible but
do not have adequate funds.

Each Housing Authority in the Housing Voucher Program receives from
HUD two separate funds - one for the voucher subsidies themselves and one
for Administrative Fees for this program.

The Administrative Fees are about 9% of the total voucher subsidies
the Housing Authority receives. Unfortunately, HUD does not publish these
amounts by Housing Authority, so you will have to obtain this information
either directly from your Housing Authority.

Notice 2006-05 states that the "administrative fees ... shall only be
used for activities related to the provision of section 8 tenant-based
rental assistance, including related development activities. Examples of
related development activities include, but are not limited to, unit
modification for accessibility purposes...."

If your Housing Authorities can not identify units that are accessible
or does not have such a list, and you have a person with a disability who
has a voucher and who needs an accessible unit, you should be meeting with
your Housing Authority so that its administrative fees are used to make
private housing units in the voucher program accessible.

Obviously, many if not most Housing Authorities prefer to use their
Administrative Fees without your input. However, the failure to have a
sufficient number of accessible units in the voucher program discriminates
against persons with disability in violation of the Rehabilitation Act.

Start meeting with your Housing Authorities. Make sure they begin to
spend their Administrative Fees to increase the number of accessible units
in your Housing Voucher Program.

Steve Gold, The Disability Odyssey continues