1. (a) All units that are accessible to persons with mobility impairments must be on an Accessible Route. (Source: HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs, §2-22(C)(4))

2. (b) Recipients must give priority to methods that offer housing in the most integrated setting possible (i.e., a setting that enables qualified persons with disabilities and persons without Disabilities to interact to the fullest extent possible). To the maximum extent feasible and subject to reasonable health and safety requirements, accessible units must be:

   1. (1) Distributed throughout the Development and site; and
   2. (2) Made available in a sufficient range of sizes and amenities so that the choice of living arrangements of qualified persons with Disabilities is, as a whole, comparable to that of other persons eligible for housing assistance under the same program. (Source: 24 CFR §8.26) EXAMPLE 207(1): A Development has 80 units with a total of 4 mobility accessible units, meeting the 5% requirement (80 x 5% = 4, always rounded up if not a whole number). The bedroom mix includes 15 one-bedroom/one bath units (15 x 5% = .75 accessible units), 25 two-bedroom/one bath units (5% = 1.25 accessible units), 25 two-bedroom/two bath units (5% = 1.25 accessible units) and 15 four-bedroom units/two bath (5% = .75 accessible unit). The mobility accessible unit requirement is met with 4 accessible units, and the distribution requirement is met with each of the bedroom/bath types having one accessible unit. EXAMPLE 207(2): A Development has 60 units with a total of 3 mobility accessible units, meeting the 5% requirement. The bedroom mix includes 10 one-bedroom/one bath units (5%=.5 units), 20 two-bedroom/two bath units (5%=1 accessible unit), 20 three-bedroom/two bath units (5%=1 accessible unit), and 10 four-bedroom/two bath units (5%=.5 accessible unit). Because this development is not required to provide more than 3 mobility units, only 3 of the 4 bedroom types are required to provide 1 accessible unit. In this case, the Development provides an accessible two-bedroom and three-bedroom unit, and has the option of providing either an accessible one-bedroom or an accessible four-bedroom unit to meet the 3 unit minimum requirement. EXAMPLE 207(3): A Development with several buildings must not have all of its accessible units in one building, but, to the maximum extent feasible, the accessible units must be distributed throughout the Development.
3. (c) Multifamily Housing Developments covered by this subchapter and built after July 11, 1988 must have a minimum of 5% of the units that are fully accessible and an additional 2% that are accessible to persons with visual and hearing impairments. This obligation is an absolute requirement. For buildings that fall within this category, a Development Owner may not justify a failure to have met these requirements because of an undue financial and administrative burden. This requirement also applies to units that are newly constructed to replace demolished or uninhabitable units.

Source Note:The provisions of this §1.207 adopted to be effective February 16, 2014, 39 TexReg 623.