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federalUnited StatesLow-Income Housing Tax Creditunit_transfer

A vacant accessible unit must be offered first to a current occupant who needs it, then to a waiting list applicant who needs it

xp.section504.accessible_unit_offer_sequence · v1.0.0

Owners and managers of projects with accessible units must adopt suitable means to ensure that information about the availability of accessible units reaches eligible individuals with disabilities, and must take reasonable nondiscriminatory steps to maximise the use of those units by people whose disability requires their accessibility features. When an accessible unit becomes vacant, before offering it to an applicant who does not need the features the owner must offer it first to a current occupant of another unit in the same project or a comparable project under common control who needs the features and does not have them, and second to an eligible qualified applicant on the waiting list who needs them. Where the unit is then offered to someone who does not need the features, the owner may require them to agree, in the lease, to move to a non-accessible unit when one becomes available.

Confidence
high
Effective from
1988-07-11
Last reviewed
2026-08-31

Evidence required

  • Tenant selection plan / resident selection criteria(exactly_one)
  • Executed lease agreement(conditional)

Citations

All sources verified within 1 day
  • Nondiscrimination Based on Handicap in Federally Assisted Programs (Section 504)
    24 CFR 8.27(a)
    regulationSource ↗verified 1d ago
  • Nondiscrimination Based on Handicap in Federally Assisted Programs (Section 504)
    24 CFR 8.27(a)(1)-(2)
    regulationSource ↗verified 1d ago
  • Nondiscrimination Based on Handicap in Federally Assisted Programs (Section 504)
    24 CFR 8.27(b)
    regulationSource ↗verified 1d ago