HUD Policies: Transferring Apartments for People with Disabilities

92645daf8f07907cd49db29569c78883--flowers-draw-art-flowersREASONABLE ACCOMMODATIONS

It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit (24 CFR § 100.204)

TRANSFERRING UNITS AS A REASONABLE ACCOMMODATION

Owners are obligated to transfer tenants to different units as a reasonable accommodation to a household member’s disability. For example, a tenant with a physical disability might need a transfer to an accessible unit, or a unit on the ground floor, or a larger unit to accommodate a live-in aide. (HUD Multifamily Occupancy Handbook 7-1 6/07 Chapter 7)

PRIORITY TO EXISTING TENANTS

24 CFR 8.27 requires that accessible units be offered first to current occupants in need of the accessible features of the available accessible unit and secondly, to a qualified applicant needing the accessible unit on the waiting list. (Notice H 01-02)

PRIORITY TO TENANTS REQUESTING REASONABLE ACCOMMODATIONS

Transfers which are needed as a reasonable accommodation should be made on a priority basis. (HUD Multifamily Occupancy Handbook 7-1 6/07 Chapter 7)

TRANSFERS TO COMPARABLE PROJECT UNDER COMMON CONTROL

When an accessible unit becomes vacant, the owner or manager before offering such units to a non-handicapped applicant shall offer such unit: First, to a current occupant of another unit of the same project, or comparable projects under common control (24 CFR § 8.27)


Learn More

This page is part of the online guide: Epic Master List of Disability Accommodation Letters

Facebook Group: HUD and Section 8 Disabled Residents & Family Members

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6 thoughts on “HUD Policies: Transferring Apartments for People with Disabilities”

  1. I got approved for a transfer from my local housing authority and they told me reach out to my landlord for the next step. I been seeing a unit that is empty and my landlord keep telling me no units are available to accommodate me due to my disability. Is there anything I can do ?

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    1. It depends what’s written in your lease. If your lease allows you to end the lease with a certain amount of notice, for example 30 days notice, you can just apply for another apartment next time one opens up. Or if your lease is ending soon.

      If your lease does not allow this, you would need to submit a reasonable accommodation request to your landlord. Make sure to submit it in writing along with a doctor’s letter, and request a written response. As long as the documentation is correct, your landlord is likely to approve this And to arrange a transfer for you. Make sure to get an answer in writing.

      If it does not get approved for some reason, then you could go ahead and look into next steps like filing a complaint or contacting legal aid, but before doing that you would want to submit your request and get a written reply, There’s more information on this page. Hope this helps: https://howtogeton.wordpress.com/sample-disability-accommodation-letters-housing/

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      1. Thank you for responding
        I filled out a reasonable accommodation and it was approved by the Director but she told me reach out to my property manager. I have been living in my current unit for 3 years but now I need to transfer because of my disability to another unit and she keep saying “nothing available sorry” or “is already been rented out”
        When is a lie because I seen units no one is living in, weeks would go by and still no one . I guess Casper live there. Is there anything I can do ?

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        1. Did you get your request approved in writing? Who approved your reasonable accommodation request?

          A. The agency that owns your building.

          Bl Your local Housing Authority that provides your voucher and/or funds the apartment.

          C. One in the same. Your building is owned by a housing Authority.

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  2. If two residents were seeking the upcoming unit will a wheelchair mobility applicant prioritize over a mental disability if the wheelchair person lives on the third floor?

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