24 CFR Part 8 Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities - Notice: Instructions for use of alternative accessibility standard

Scoping for Residential Dwelling Units

The 2010 Standards generally defer to HUD on scoping of residential dwelling units provided by entities subject to HUD’s Section 504 regulation.¹⁴ Specifically, entities receiving Federal financial assistance from the Department must provide residential dwelling units containing mobility features and residential dwelling units containing communication features complying with the 2010 Standards in a quantity identified in HUD’s Section 504 regulation. For purposes of this document, HUD is not changing its scoping requirements for residential dwelling units under its part 8 regulation.¹⁵ HUD recipients designing, constructing, altering, or operating residential facilities must utilize HUD’s scoping to determine the number of required accessible units and utilize the 2010 Standards, with the identified exceptions noted below, for other scoping requirements as well as for the technical standards. If HUD’s Section 504 rule does not provide scoping, a HUD recipient using the 2010 Standards for Section 504 compliance must use the scoping provided in the 2010 Standards. This does not preclude HUD from considering scoping or other changes when it undertakes rulemaking to adopt a new accessibility standard.