UFAS 100%

24 CFR 8.20-8.26, 8.32

Lesson 2: HUD Section 504 and UFAS: when and how much

24 CFR 8.20-8.26, 8.32 · 14 practice questions

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Reading

Lesson 1 established that HUD still applies UFAS. This lesson gets specific: which HUD-funded housing projects trigger a UFAS obligation, how much of a project has to be accessible, and how HUD's 2014 notice lets a recipient use the 2010 ADA Standards instead, within limits. Every number below comes from 24 CFR Part 8, Subpart C, Program Accessibility, the part of HUD's Section 504 regulation that applies to housing.

New construction: 24 CFR 8.22

Section 8.22 requires new multifamily housing projects to be designed and constructed to be readily accessible to and usable by individuals with disabilities. Part 8 defines a multifamily housing project as one containing five or more dwelling units, so 8.22 and 8.23 are written for projects of that size. Section 8.22(b) sets the minimum numbers: a minimum of 5 percent of the total dwelling units, or at least one unit, whichever is greater, must be accessible to persons with mobility impairments. An additional 2 percent of the units, but not less than one unit, must be accessible to persons with hearing or vision impairments. Section 8.22(c) lets HUD require a higher percentage in a specific case, based on a demonstrated need shown with census data or other current data. These are new-construction numbers: they apply when GCHS or another recipient is building multifamily housing from the ground up with HUD assistance.

Alterations: substantial alteration under 8.23(a)

GCHS's multifamily rehabilitation work is alteration of existing housing, not new construction, so Section 8.23 is the section that usually governs it. Section 8.23(a) sets a "substantial alteration" threshold: when a project of 15 or more units undergoes alterations that cost 75 percent or more of the replacement cost of the completed facility, the full new-construction accessibility requirements of Section 8.22 apply, the same 5 percent mobility and 2 percent hearing-vision unit percentages described above. Both parts of that test matter: the unit count (15 or more units in the project) and the cost ratio (alteration cost at or above 75 percent of replacement cost). A 12-unit project, or a 40-unit project undergoing a 30-percent-of-value alteration, does not cross this threshold no matter how extensive the individual work looks on paper.

Other alterations: "to the maximum extent feasible" under 8.23(b)

Below the substantial-alteration threshold, Section 8.23(b) still applies, but with a different standard. Alterations to dwelling units must be made accessible "to the maximum extent feasible." That phrase has a specific meaning in the regulation: it excludes changes that would impose undue financial and administrative burdens on the operation of the housing project. It is not a free pass to skip accessibility, and it is not a blank check either; it sits between the two. Section 8.23(b) also states that once 5 percent of the dwelling units in a project are readily accessible to individuals with mobility impairments, no additional dwelling-unit elements or entire units are required to be accessible under that paragraph. That cap does not reach common areas: alterations to common areas or parts of a facility that affect the accessibility of existing housing must, to the maximum extent feasible, be made accessible. The section also addresses the case where several single-element alterations, taken together, add up to an alteration of an entire unit: when that happens, the whole unit must be made accessible, not just the individual elements that were separately touched. This is the section for alterations to dwelling units in a multifamily project of five or more units that falls below the substantial-alteration threshold. A single-family home is not a multifamily housing project under Part 8, so 8.22 and 8.23 do not by their terms set unit percentages for it; for that work, check the funding program's requirements and the other Part 8 provisions, such as 8.24 on existing housing programs.

Distribution of accessible units: 8.26

Section 8.26 requires that accessible dwelling units required by 8.22, 8.23, 8.24, or 8.25 be distributed throughout projects and sites, to the maximum extent feasible and subject to reasonable health and safety requirements, and be available in a sufficient range of sizes and amenities so that a qualified individual with a disability has a choice of living arrangements comparable, as a whole, to that of other persons eligible for the same program. Clustering every accessible unit into one building, one floor, or one unit type works against that requirement; it is about genuine choice, not just a minimum number somewhere on the site. The section does not require an elevator in a multifamily project solely to put accessible units above or below the accessible grade level.

UFAS as the standard: 8.32

As covered in Lesson 1, Section 8.32(a) states that design, construction, or alteration in conformance with sections 3 through 8 of UFAS "shall be deemed to comply" with 8.21, 8.22, 8.23, and 8.25, and 8.32(e) applies those provisions to facilities designed, constructed, or altered after July 11, 1988, with the bid-solicitation date fixing when work counts as altered. Section 8.32(d) is worth flagging on its own. For federally assisted multifamily housing, UFAS section 4.1.4(11) sets its 5 percent scoping only for projects of 15 or more dwelling units, and 8.32(d) says that section may not be used to waive or lower the 5 percent minimum in 8.22(b) or to apply the minimum only to projects of 15 or more units. UFAS is the technical rulebook for how a unit gets built; it does not override how many units Section 8.22 or 8.23 requires. Section 8.32(c) adds that recipients are not required to make alterations that have little likelihood of being accomplished without removing or altering a load-bearing structural member.

HUD's 2014 alternative: the 2010 ADA Standards, with exceptions

HUD's May 23, 2014 Federal Register notice (79 FR 29671), "Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities," permits a recipient to use the 2010 ADA Standards for Accessible Design as an acceptable alternative to UFAS for Section 504 compliance. This is an option, not a switch HUD threw for everyone: a recipient may elect either UFAS or the 2010 ADA Standards. The notice also sets conditions and lists provisions of the 2010 ADA Standards, including certain exceptions, that a HUD recipient may not rely on even when it has chosen the 2010 ADA Standards as its alternative. Where a listed provision would otherwise excuse a requirement, HUD's own stricter requirement still applies. This course did not confirm the notice's full list of excepted provisions or its exact applicability rules, so a GCHS project that elects the 2010 ADA Standards route should read the notice itself, and confirm the election with HUD or the funding agency, before relying on any 2010 ADA exception.

Key numbers

New construction (8.22): 5 percent of units (or 1, whichever is greater) for mobility impairments, plus 2 percent (or 1, whichever is greater) for hearing/vision impairments. Substantial alteration (8.23(a)): 15 or more units, altered at 75 percent or more of replacement cost, triggers the same 8.22 percentages. Other alterations (8.23(b)): accessible "to the maximum extent feasible," with the unit cap reached once 5 percent of units are accessible. UFAS applicability (8.32(e)): facilities designed, constructed, or altered after July 11, 1988, with bid solicitation fixing the date. 2014 alternative: 2010 ADA Standards allowed instead of UFAS, subject to the notice's conditions and excepted provisions. Sections 8.22 and 8.23 cover multifamily projects of five or more units.

Which accessibility requirement applies to a HUD housing project A decision flow with three branches. Is the project new construction? If yes, Section 8.22 applies: 5 percent of units, or at least 1, for mobility impairments, plus 2 percent, or at least 1, for hearing and vision impairments. If no, is it an alteration to a project of 15 or more units costing 75 percent or more of replacement cost? If yes, that is a substantial alteration under Section 8.23(a), and the same 8.22 percentages apply as if it were new construction. If no, it is another alteration under Section 8.23(b): dwelling units must be made accessible to the maximum extent feasible, a standard that excludes undue financial and administrative burden, until 5 percent of units in the project are accessible for mobility impairments. Is it new construction? no yes 8.22 (below) 15+ units altered at 75%+ of replacement cost? no yes Substantial alteration 8.23(a): same as 8.22 Other alteration 8.23(b): to the maximum extent feasible 8.22 result: 5% (or 1) mobility units, plus 2% (or 1) hearing/vision units 8.23(b) result: feasible until 5% of units are mobility-accessible; excludes undue burden
Whether a HUD-funded project counts as new construction, a substantial alteration, or another alteration decides which accessibility percentage applies, not how the work looks on the ground. The flow applies to multifamily projects of five or more units.

Why this matters for GCHS

GCHS's multifamily rehabilitation and estimating work almost always falls under Section 8.23, not 8.22, because it is alteration work on existing housing rather than ground-up new construction. Getting the substantial-alteration test right, both the 15-unit count and the 75 percent of replacement cost, decides whether a project has to hit the full 8.22 percentages or the "maximum extent feasible" standard of 8.23(b). GCHS's estimating service line is exactly where that replacement-cost percentage gets calculated, so a scoping error here can misstate how many accessible units a HUD-funded rehab has to deliver.

Practice questions

1. Under 24 CFR 8.22(b), what is the minimum percentage of units in a new multifamily housing project that must be accessible to persons with mobility impairments?

  1. There is no set percentage; HUD decides case by case
  2. 2 percent, or at least 1 unit, whichever is greater
  3. 10 percent, no minimum unit count
  4. 5 percent of the total dwelling units, or at least 1 unit, whichever is greater

2. What additional percentage of units must be accessible for persons with hearing or vision impairments under 8.22(b)?

  1. 5 percent
  2. An additional 2 percent of the units, but not less than 1 unit
  3. 10 percent
  4. No additional units are required for hearing or vision impairments

3. What two conditions must both be met for an alteration to count as a "substantial alteration" under 8.23(a)?

  1. The project has 5 or more units, and the alteration costs at least 75 percent of replacement cost
  2. The project has 15 or more units, and the alteration costs 75 percent or more of the replacement cost of the completed facility
  3. The project has any number of units, and the alteration costs at least 50 percent of the full and fair cash value of the building over 12 months
  4. The project has 15 or more units, and the alteration costs at least 25 percent of replacement cost

4. When a project meets the substantial-alteration threshold under 8.23(a), which accessibility requirements apply?

  1. No accessibility requirements apply
  2. A flat 1-unit requirement regardless of project size
  3. Only the 2 percent hearing/vision unit requirement, not the 5 percent mobility requirement, because the work is an alteration
  4. The same requirements as 8.22, new construction: 5 percent mobility, plus 2 percent hearing/vision

5. What standard applies to alterations under 8.23(b), below the substantial-alteration threshold?

  1. No accessibility requirement applies at all
  2. The full 8.22 new-construction percentages, with no cap
  3. Accessible to the maximum extent feasible, a standard that excludes undue financial and administrative burden
  4. Only new dwelling units built after the alteration must be accessible, and the existing units are exempt from any accessibility work

6. Under 8.23(b), once what percentage of units in a project are accessible for mobility impairments is no further unit required to be made accessible?

  1. 100 percent
  2. 2 percent
  3. 5 percent
  4. 10 percent

7. What does Section 8.26 require regarding accessible units?

  1. They must all be the same unit size and floor plan
  2. Section 8.26 addresses only accessible parking and entrances at a project, and it sets no rule at all about where dwelling units are located
  3. They must be distributed throughout projects and sites, in a range of sizes and amenities giving comparable choice of living arrangements
  4. They must all be located in a single dedicated building

8. Under 8.32(d), can UFAS section 4.1.4(11) be used to waive or lower the minimum 5 percent accessible-unit requirement in 8.22(b)?

  1. UFAS has no scoping provisions for housing of any kind
  2. Yes, that UFAS section automatically lowers the unit percentage for every federally assisted project, including new construction
  3. No, 8.32(d) bars using it to waive or lower the 5 percent minimum, or to apply the minimum only to projects of 15 or more units
  4. Only GSA projects may use that UFAS section this way

9. What did HUD's May 23, 2014 Federal Register notice permit?

  1. Use of the 2010 ADA Standards as an acceptable alternative to UFAS for Section 504 compliance, subject to the notice's listed conditions and exceptions
  2. Nothing; it made no change to Section 504 compliance options
  3. It required all recipients to abandon UFAS immediately
  4. It replaced 24 CFR Part 8 entirely with the 2010 ADA Standards

10. Under 8.32(c), which alterations is a recipient not required to make?

  1. Alterations unlikely to be accomplished without removing or altering a load-bearing structural member
  2. Any alteration costing more than 10 percent of the replacement cost of the completed facility in a project of 15 or more units
  3. Alterations to dwelling units in projects that have fewer than 15 units
  4. Alterations to units above the accessible grade level in any multifamily project

11. Does choosing the 2010 ADA Standards under the 2014 notice mean every 2010 ADA Standards exception applies to a HUD-funded project?

  1. The 2010 ADA Standards contain no exceptions at all
  2. No; the notice lists specific 2010 ADA Standards provisions, including certain exceptions, that a recipient may not rely on
  3. Yes, every exception in the 2010 ADA Standards applies automatically once a recipient elects that standard for a project or building
  4. Exceptions only matter for GSA and DoD projects, not HUD

12. GCHS is rehabilitating a 20-unit HUD-assisted apartment building. The alteration is estimated at 40 percent of the building's replacement cost. Does this trigger the substantial-alteration requirements of 8.23(a)?

  1. Yes, because any alteration to a HUD-assisted project automatically triggers 8.23(a)
  2. No, because 8.23(a) never applies to apartment buildings
  3. Yes, because the project has more than 15 units
  4. No, because although the project has 15 or more units, the alteration cost falls below the 75 percent of replacement cost threshold

13. GCHS is scoping alterations to a 6-unit HUD-assisted apartment building: replacing a bathroom in one unit and widening two doorways in another. Which section of 24 CFR Part 8 sets the accessibility standard for these alterations to dwelling units?

  1. Section 8.23(b), other alterations, accessible to the maximum extent feasible
  2. Section 8.22, new construction, because any HUD-assisted building must meet the new-construction percentages
  3. Section 8.23(a), because every alteration in a multifamily project is a substantial alteration
  4. Section 8.26, distribution of accessible units, which sets the alteration standard itself

14. A GCHS estimator is deciding whether a 30-unit HUD-assisted complex rehab crosses the substantial-alteration threshold. Which two figures does the estimator need to check?

  1. The number of accessible parking spaces on the site and the building's total square footage, compared against the 15-unit minimum and 75 percent
  2. The unit count against the 15-unit minimum, and the alteration cost as a percentage of replacement cost against the 75 percent threshold
  3. The number of bedrooms per unit and the age of the building
  4. The tenant's income level and the project's zip code

Glossary

New construction (8.22)
Ground-up multifamily housing (five or more units) built with HUD assistance; requires 5 percent of units (or 1, whichever is greater) accessible for mobility impairments, plus 2 percent (or 1) for hearing/vision impairments.
Substantial alteration (8.23(a))
An alteration to a project of 15 or more units costing 75 percent or more of the replacement cost of the completed facility; triggers the same percentages as 8.22.
Other alteration (8.23(b))
Alteration work below the substantial-alteration threshold; must be made accessible "to the maximum extent feasible," a standard that excludes undue financial and administrative burden; the unit cap is reached once 5 percent of units are accessible.
Replacement cost
The cost of the completed facility used as the denominator in the 75 percent substantial-alteration test under 8.23(a).
Distribution of accessible units (8.26)
The requirement that accessible units be spread throughout a project and site, in a range of sizes and amenities comparable to other units, rather than clustered.
2014 alternative-standard notice
HUD's May 23, 2014 Federal Register notice allowing recipients to use the 2010 ADA Standards instead of UFAS, subject to conditions and a list of excepted provisions.
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