How to Request a Transfer to an Accessible Unit in HUD Housing

Under HUD's Section 504 rule, a vacant accessible unit in a HUD-assisted building must be offered first to a current tenant who needs its features.1 That rule is the starting point when you request a transfer to an accessible unit for a parent whose stairs or bathtub have become unsafe. When the move is a disability accommodation, HUD's handbooks put the moving costs on the building owner, unless that is an undue burden,2 or on the public housing agency.3

In This Guide

• What Each Kind of HUD Housing Has to Do
• The First-Offer Rule for Accessible Units
• Move to Another Unit, or Change the One She Has?
• Section 202 and Other HUD-Assisted Buildings
• How to Request a Transfer to an Accessible Unit in Public Housing
• How to Request a Transfer to an Accessible Unit, Step by Step
• If Mom Has a Housing Choice Voucher
• Other Things You Can Ask for at the Same Time
• If the Answer Is No, or Nobody Answers
• Frequently Asked Questions
• Learn More

What Each Kind of HUD Housing Has to Do

Older adults in federally assisted housing usually live in one of three settings: an apartment building that gets help from the U.S. Department of Housing and Urban Development (HUD), such as a Section 202 housing building; public housing run by a local housing agency; or a private rental paid for partly with a Housing Choice Voucher, often called Section 8. The accessible-unit rules differ in each, so first confirm which one your parent is in; the management office or housing agency can tell you.

The first two rows come from HUD's Section 504 occupancy rule and its two occupancy handbooks.1,2,3 The provider-pays rule for structural changes in federally assisted housing, and the voucher row, come from HUD's regulations and its joint statement with the Justice Department.5 The tenant-pays rule for a private rental comes from the Fair Housing Act's modification regulation.6

The First-Offer Rule for Accessible Units

Section 504 of the Rehabilitation Act bans disability discrimination in any program that gets federal financial assistance from HUD, and HUD's rule under it decides who gets an accessible unit when one opens up. Under 24 CFR 8.27, when an accessible unit becomes vacant, the owner or manager must offer it first to a current tenant of the same project, or of a comparable project under common control, who has a disability that requires the unit's features and lives in a unit without them.1 Only if no such tenant exists does the unit go next to a qualified applicant on the waiting list who needs those features.1

In practice, that means your mother doesn't go to the back of the line just because she already lives in the building.1 But the rule only works if the owner knows she needs it, which is why the written request below matters.

How many accessible units a building has depends partly on when it was built. Under 24 CFR 8.22, new multifamily housing projects, including public housing, must make at least 5% of units, or at least one unit, accessible for people with mobility impairments, plus another 2%, or at least one unit, for people with hearing or vision impairments.1 The 24 CFR 8.22 minimums of 5% mobility-accessible and 2% hearing- or vision-accessible units apply to new construction, so an older HUD-assisted building may have fewer accessible units.1 Ask the management office how many accessible units the building has and whether any are about to open up.

Move to Another Unit, or Change the One She Has?

There are two ways to make an apartment work for a parent with declining mobility, and the rules allow both. One is a transfer to a different unit that already has the features she needs. The other is to stay put and change her current unit.1

HUD's multifamily handbook says a family may accept a standard unit and request a modification to it as a reasonable accommodation.1 In housing that receives federal financial assistance, HUD and the Justice Department say structural changes needed by a resident with a disability are reasonable accommodations that the housing provider must pay for, unless that would be an undue financial and administrative burden or a fundamental alteration of the program, or unless the provider can meet the need another way.5 Under the Fair Housing Act alone, by contrast, the landlord must allow a reasonable modification but the tenant pays for it; our guide to your parent's right to make accessibility modifications as a renter covers that rule in full.6

The provider gets some say in which route is used. HUD's Section 504 rule for existing housing, 24 CFR 8.24, lets a provider meet its duty through housing at an alternate accessible site, among other methods, and doesn't require structural changes where other methods work.2 HUD and the Justice Department give the example of a wheelchair user in federally assisted housing who needs a roll-in shower: the provider would have to pay for and install the shower unless that was an undue burden, or unless it could meet the tenant's needs by moving her to another appropriate unit that already has one.2

So say in your request which route your parent prefers and why. A move down the hall may be easier than construction, or it may mean leaving neighbors she relies on.

Section 202 and Other HUD-Assisted Buildings

Section 202 and other HUD-assisted apartment buildings follow HUD's multifamily occupancy handbook, Handbook 4350.3, which applies to owners of buildings such as Section 202 properties.7 Chapter 7 of Handbook 4350.3 sets out what an owner owes a tenant who needs a different unit because of a disability.2

• The owner must have a written policy. The handbook says owners must develop transfer policies that cover transfers needed for medical reasons or to accommodate a person with a disability, and must describe them in the property's written tenant selection plan, including how the owner decides between tenants waiting for a transfer and applicants on the waiting list.2 HUD's chapter on tenant selection lists "a unit transfer based on the need for an accessible unit" among the transfer policies the plan must include.1
• The owner is obligated to transfer. The handbook says owners are obligated to transfer tenants to different units as a reasonable accommodation to a household member's disability, and gives examples of a tenant with a physical disability who needs an accessible unit, a ground-floor unit, or a larger unit for a live-in aide.2
• Priority is expected. The handbook says transfers needed as a reasonable accommodation should be made on a priority basis.2 That's HUD's guidance to owners rather than a fixed deadline, and the sources behind this guide set no timeline for how fast a transfer has to happen.
• The owner pays the move. The handbook says a tenant may have to pay the costs of some transfers, but when a tenant is transferred as a reasonable accommodation to a household member's disability, the owner must pay the costs associated with the transfer unless doing so would be an undue financial and administrative burden.2

Before you write the request, ask the management office for a copy of the transfer section of its tenant selection plan. The plan shows how the building orders transfer requests against new applicants, and it gives you the owner's own words to quote back.

How to Request a Transfer to an Accessible Unit in Public Housing

Public housing has its own HUD guidance, the Public Housing Occupancy Guidebook, and its transfers chapter is dated December 2020.3

HUD's public housing guidebook says housing agencies may authorize reasonable accommodation transfers when a family member needs an accessible unit because of a disability.3 The guidebook's examples include a family's need for a ground-floor unit because of mobility issues, or for a unit with physical features the current unit lacks and can't be retrofitted to have without undue financial and administrative burden to the agency.3 The 24 CFR 8.27 first-offer rule for vacant accessible units also applies in public housing, because public housing is a HUD-assisted program covered by Section 504.1

Three lines in the public housing guidebook are firm, and a fourth tells you where to look:

1. No forced transfers. The guidebook says housing agencies must not force a family to transfer to another unit because a family member has a disability.3 Reasonable accommodation transfers are often started by the tenant, not the agency.
2. No extra hurdles. The guidebook says housing agencies, which are permitted to set eligibility requirements for optional transfers, must not set those requirements for transfers involving reasonable accommodations.3
3. The agency pays. The guidebook says housing agencies must pay the reasonable costs of a transfer required as a reasonable accommodation for a family with a disability, including packing, moving and unloading, and disconnecting and reconnecting resident-paid utilities such as telephone and cable television.3
4. The written policy sets the order. HUD strongly encourages housing agencies to state in their Admissions and Continued Occupancy Policy (ACOP) which transfers they recognize, how those transfers are ranked, which ones come ahead of waiting-list admissions, and who pays.3

The guidebook lists reasonable accommodation transfers among the types that generally may take precedence over waiting-list admissions, and it says that list will vary by local needs.3 So whether your mother's transfer jumps ahead of new admissions depends on her agency's ACOP. Ask the agency for the transfer chapter of its ACOP before you file the request.

How to Request a Transfer to an Accessible Unit, Step by Step

A request for a transfer or a modification because of a disability is a request for a reasonable accommodation. The HUD and Justice Department joint statement on reasonable accommodations under the Fair Housing Act explains how a request can be made, and HUD's voucher guidebook adds rules for housing agencies.4

1. Ask, because nothing happens until you do. Under the HUD and Justice Department joint statement, a tenant is not entitled to a reasonable accommodation unless one is requested.4
2. You can make the request for her. The joint statement says the person with a disability does not have to make the request personally; a family member or someone else acting on her behalf can make it.4
3. Make it clear, not formal. The joint statement says a request can be made orally or in writing and doesn't have to mention the Fair Housing Act or use the words "reasonable accommodation," but it has to be made in a way a reasonable person would understand as asking for a change because of a disability.4 "My mother can no longer climb stairs because of her disability, and she needs a ground-floor unit" is clear enough.
4. Put it in writing anyway. The joint statement says a written request is usually helpful to both sides.4 Date it, keep a copy, and note who you gave it to. Providers must give appropriate consideration to a request even if it doesn't use their preferred form.4
5. Say what she needs and why. Name the change (an accessible unit, a ground-floor unit, a unit with a roll-in shower, or specific changes to her current unit) and the link to her disability. Ask that the owner or agency cover the moving costs under its HUD handbook, and ask for a copy of its transfer policy.
6. Expect a verification request, within limits. If a disability isn't obvious, the joint statement says the provider may ask for reliable information needed to verify the disability, describe the accommodation, and show how the two are connected; in most cases, medical records or detailed information about the nature of the disability are not necessary.4 HUD's multifamily handbook says an owner may verify that an applicant needs the features of an accessible unit but may not ask about the type of disability.1 For vouchers, HUD's guidebook says verification may come from the person, a medical professional, a peer support group, a non-medical service agency, or a reliable third party in a position to know about the disability.4
7. Expect a prompt answer. The joint statement says a provider has an obligation to respond promptly, and an undue delay may be treated as a failure to provide a reasonable accommodation.4 If you don't hear back, follow up in writing and keep a copy.

If Mom Has a Housing Choice Voucher

A voucher works differently, because the landlord is usually a private owner. HUD's Section 504 regulation, 24 CFR 8.3, says an entity or person receiving housing assistance payments under a voucher program "is not a recipient or subrecipient merely by virtue of receipt of such payments."5 So voucher payments alone don't bring Section 504's provider-pays rule to a private rental, although whether a particular building gets federal money in some other way is a separate question.5

For a voucher holder, the federal duties in HUD's Section 504 rule center on finding an accessible unit. HUD's rule for voucher programs, 24 CFR 8.28, puts several duties on the housing agency when a family includes a person with disabilities:5

• When it issues a voucher, include a current list of available accessible units it knows about, and help the family find one if necessary.
• Take into account how hard it is to find an accessible unit when the family asks for more time on the voucher.
• If necessary as a reasonable accommodation, approve a family's request for an exception payment standard.

Ask for each of these in writing. If your parent is thinking about moving to another city or state to find a suitable unit, see our guide to how Section 8 voucher portability works.

Other Things You Can Ask for at the Same Time

A bigger unit for a live-in aide. HUD's multifamily handbook names a larger unit to accommodate a live-in aide as one example of a reasonable accommodation transfer.2 In the voucher program and in HUD-assisted buildings, a live-in aide must be approved when needed as a reasonable accommodation for a family member with a disability.7 On a voucher, an approved live-in aide must be counted in determining the family unit size; without an aide, a single person's family unit size must be a zero- or one-bedroom unit under the agency's subsidy standards.8 Our guide to a live-in aide in HUD housing covers who qualifies and how to ask.

A higher utility allowance. On a voucher, the housing agency must approve a utility allowance higher than its standard schedule when a household that includes a person with disabilities asks and the higher allowance is needed as a reasonable accommodation.9 HUD's voucher guidebook defines the utility allowance as an estimate of a reasonable amount of utilities for an energy-conservative household, so ask about a higher one if her disability means she uses more.9 For how the utility allowance and medical expenses fit into the rent, see how HUD figures rent for seniors.

A reserved parking space. If she also needs an accessible parking space held for her, see our guide to getting a reserved disability parking space where Mom lives.

If her needs have outgrown any apartment, our guide to what happens to subsidized housing during a nursing home stay explains what happens to her subsidized apartment while she's away.

If the Answer Is No, or Nobody Answers

Start by asking for the reason in writing. A refusal based on cost has to meet a specific standard: the multifamily handbook's move-cost rule and the federally assisted housing modification rule both turn on whether the cost is an undue financial and administrative burden.2,5 In the voucher program, HUD's guidebook says the agency may not refuse a requested accommodation unless it would cause an undue administrative and financial burden or a fundamental alteration of the program.4 If the owner offers a different fix, such as another unit or a different change, consider whether it meets your parent's need before you push back.

If the request is refused or ignored, you can file a fair housing complaint. Under HUD's complaint rule, 24 CFR 103.35, you must notify HUD within one year, and when the discrimination is continuing, within one year of the last incident.10 HUD's Office of Fair Housing and Equal Opportunity takes those complaints, and HUD and the Justice Department say HUD investigates a filed complaint at no cost to the person with a disability.10

The Fair Housing Act, at 42 U.S.C. 3613, also lets a person bring a lawsuit in federal or state court within 2 years of the discriminatory practice, and that 2-year period doesn't count time while a HUD administrative proceeding on the same practice is pending.10 A local fair housing organization or legal aid office can help you decide which route fits. Keep every dated letter and reply, because those dates start the clocks.

Learn More

Find personalized help writing an accessible-unit transfer request to your parent's building or housing agency at brevy.com.

The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.