1、159 Office of the Secretary, HUD 9.103 and consent to the making of a deci-sion on the basis of available informa-tion. (b) Hearing procedures. Hearings shall be conducted in accordance with 24 CFR part 180. 53 FR 20233, June 2, 1988, as amended at 61 FR 52218, Oct. 4, 1996 PART 9ENFORCEMENT OF NON-
2、DISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Sec. 9.101 Purpose. 9.102 Applicability. 9.103 Definitions. 9.110 Self-evaluation. 9.111 Notice. 9.1129.129 Reserved 9.130 General prohibitions against discrimi-nation. 9.
3、131 Direct threat. 9.1329.139 Reserved 9.140 Employment. 9.1419.148 Reserved 9.149 Program accessibility: discrimination prohibited. 9.150 Program accessibility: existing facili-ties. 9.151 Program accessibility: new construc-tion and alterations. 9.152 Program accessibility: alterations of Property
4、 Disposition Program multi-family housing facilities. 9.153 Distribution of accessible dwelling units. 9.154 Occupancy of accessible dwelling units. 9.155 Housing adjustments. 9.160 Communications. 9.170 Compliance procedures. AUTHORITY: 29 U.S.C. 794; 42 U.S.C. 3535(d). SOURCE: 59 FR 31047, June 16
5、, 1994, unless otherwise noted. 9.101 Purpose. The purpose of this part is to effec-tuate section 119 of the Rehabilitation, Comprehensive Services, and Develop-mental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis
6、 of dis-ability in programs or activities con-ducted by Executive agencies or the United States Postal Service. 9.102 Applicability. This part applies to all programs or activities conducted by the agency, ex-cept for programs or activities con-ducted outside the United States that do not involve in
7、dividuals with disabil-ities in the United States. 9.103 Definitions. For purposes of this part: Accessible: (1) When used with respect to the design, construction, or alter-ation of a facility or a portion of a fa-cility other than an individual dwelling unit, means that the facility or portion of
8、the facility when designed, con-structed or altered, complies with ap-plicable accessibility standards and can be approached, entered, and used by individuals with physical disabil-ities. The phrase accessible to and us-able by is synonymous with acces-sible. (2) When used with respect to the de-sig
9、n, construction, or alteration of an individual dwelling unit, means that the unit is located on an accessible route and, when designed, constructed, altered or adapted, complies with ap-plicable accessibility standards, and can be approached, entered, and used by individuals with physical disabil-i
10、ties. A unit that is on an accessible route and is adaptable and otherwise in compliance with the standards set forth in 9.151 is accessible within the meaning of this definition. When a unit in an existing facility which is being made accessible as a result of al-terations is intended for use by a
11、spe-cific qualified individual with disabil-ities (e.g., a current occupant of such unit or of another unit under the con-trol of the same agency, or an appli-cant on a waiting list), the unit will be deemed accessible if it meets the re-quirements of applicable standards that address the particular
12、 disability or impairment of such person. Accessible route means a continuous unobstructed path connecting acces-sible elements and spaces of a building or facility. Interior accessible routes may include corridors, floors, ramps, elevators, lifts, and clear floor space at fixtures. Exterior accessi
13、ble routes may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps and lifts. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00169 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or
14、 networking permitted without license from IHS-,-,-160 24 CFR Subtitle A (4111 Edition) 9.103 ADA means the Americans with Dis-abilities Act of 1990 (42 U.S.C. 12101 through 12213) ADA Accessibility Guidelines (ADAAG) means the Accessibility Guidelines issued under the ADA, and which are codified in
15、 the Appendix to 39 CFR part 1191. Adaptability means the ability of cer-tain building, spaces and elements, such as kitchen counters, sinks, and grab bars, to be added or altered, to ac-commodate the needs of persons with or without disabilities, or to accommo-date the needs of persons with differe
16、nt types or degrees of disability. For ex-ample, in a unit adaptable for a person with impaired hearing, the wiring for visible emergency alarms may be in-stalled but the alarms need not be in-stalled until such time as the unit is made ready for occupancy by a person with impaired hearing. Agency m
17、eans the Department of Housing and Urban Development. Alteration means a change to a build-ing or facility or its permanent fix-tures or equipment that affects or could affect the usability of the build-ing or facility or part thereof. Alter-ations include, but are not limited to, remodeling, renova
18、tion, rehabilitation, reconstruction, historic restoration, changes or rearrangements of the structural parts and changes or re-arrangements in the plan configuration of walls and full-height partitions. Nor-mal maintenance, re-roofing, painting, or wallpapering or changes to mechan-ical and electri
19、cal systems are not al-terations unless they affect the usability of the building or facility. Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Depart-ment of Justice. Assistant Secretary means the Assist-ant Secretary of Housing and Urban Develop
20、ment for Fair Housing and Equal Opportunity. Auxiliary aids means services or de-vices that enable persons with im-paired sensory, manual, or communica-tion skills to have an equal oppor-tunity to participate in, and enjoy the benefits of, programs or activities con-ducted by the agency. For example
21、, auxiliary aids useful for persons with impaired vision include readers, Brailled materials, audio recordings, and other similar services and devices. Auxiliary aids useful for persons with impaired hearing include telephone handset amplifiers, telephones compat-ible with hearing aids, telecommuni-
22、cation devices for deaf persons (TDDs), interpreters, note takers, written ma-terials, and other similar services and devices. Complete complaint means a written statement that contains the complain-ants name and address and describes the agencys alleged discriminatory ac-tion in sufficient detail t
23、o inform the agency of the nature and date of the al-leged violation of section 504. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged vict
24、ims of discrimination. Current illegal use of drugs means ille-gal use of drugs that occurred recently enough to justify a reasonable belief that a persons drug use is current or that continuing use is a real and ongo-ing problem. Drug means a controlled substance, as defined in schedules I through
25、V of section 202 of the Controlled Sub-stances Act (21 U.S.C. 812). Facility means all or any portion of buildings, structures, site improve-ments, complexes, equipment, roads, walks, passageways, parking lots, roll-ing stock or other conveyances, or other real or personal property located on a site
26、. Historic properties means those prop-erties that are listed or are eligible for listing in the National Register of His-toric Places, or such properties des-ignated as historic under a statute of the appropriate State or local govern-ment body. Illegal use of drugs means the use of one or more dru
27、gs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812). The term illegal use of drugs does not include the use of a drug taken under supervision by a li-censed health care professional, or other uses authorized by the Controlled Substances Act or
28、other provisions of Federal law. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00170 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-161 Office of the Secretary,
29、 HUD 9.103 Individual with disabilities means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is re-garded as having such an impairment. As used in this definition, the phrase: (1) Physical or ment
30、al impairment includes: (i) Any physiological disorder or con-dition, cosmetic disfigurement, or ana-tomical loss affecting one or more of the following body systems: Neuro-logical; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive;
31、genito-urinary; hemic and lymphatic; skin; and endocrine; or (ii) Any mental or psychological dis-order, such as mental retardation, or-ganic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such
32、diseases and condi-tions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart dis-ease, diabetes, Human Immuno-deficiency Virus disease (symptomatic or asymptomatic), mental retardation, emotional illness, dru
33、g addiction and alcoholism. (2) The term individual with disabil-ities does not include: (i) An individual who is currently en-gaging in the illegal use of drugs, when the agency acts on the basis of such use. This exclusion, however, does not exclude an individual with disabilities who (A) Has succ
34、essfully completed a su-pervised drug rehabilitation program, and is no longer engaging in the illegal use of drugs, or has otherwise been re-habilitated successfully, and is no longer engaging in such use; (B) Is participating in a supervised rehabilitation program, and is no longer engaging in suc
35、h use; or (C) Is erroneously regarded as engag-ing in such use, but is not engaging in such use. (ii) Except that it shall not violate this part for the agency to adopt or ad-minister reasonable policies and proce-dures, including but not limited to drug testing, designed to ensure than an individua
36、l described in paragraphs (2)(i) (A) and (B) of this definition is no longer engaging in the illegal use of drugs. (iii) Nothing in paragraph (2) of this definition shall be construed to encour-age, prohibit, restrict or authorize the conduct of testing for illegal use of drugs. (iv) The agency shal
37、l not deny health services provided under titles I, II and III of the Rehabilitation Act of 1973 (29 U.S.C. 701 through 777f) to an indi-vidual with disabilities on the basis of that individuals current illegal use of drugs, if the individual is otherwise en-titled to such services. (3) For purposes
38、 of employment, the term individual with disabilities does not include: (i) An individual who has a currently contagious disease or infection and who, by reason of such disease or infec-tion (A) Has been determined, in accord-ance with the provisions of 9.131, to pose a direct threat to the health o
39、r safety of other individuals, which threat cannot be eliminated or reduced by reasonable accommodation, or (B) Is unable to perform the essential duties of the job, with or without rea-sonable accommodation; or (ii) An individual who is an alcoholic and whose current use of alcohol pre-vents him or
40、 her from performing the duties of the job in question or whose employment would constitute a direct threat to the property or the safety of others by reason of his or her current alcohol abuse. (4) Major life activities means functions such as caring for ones self, performing manual tasks, walking,
41、 see-ing, hearing, speaking, breathing, learning, and working. (5) Has a record of such an impair-ment means has a history of, or has been misclassified as having, a mental or physical impairment that substan-tially limits one or more major life ac-tivities. (6) Is regarded as having an impair-ment
42、means (i) Has a physical or mental impair-ment that does not substantially limit major life activities but is treated by the agency as constituting such a limi-tation; VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00171 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD
43、 with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-162 24 CFR Subtitle A (4111 Edition) 9.110 (ii) Has a physical or mental impair-ment that substantially limits major life activities only as a result of the at-titudes of others toward such imp
44、air-ment; or (iii) Has none of the impairments de-fined in paragraph (1) of this definition but is treated by the agency as having such an impairment. Multifamily housing project means a project containing five or more dwell-ing units. Official or Responsible Official means the Assistant Secretary o
45、f HUD for Fair Housing and Equal Opportunity. PDP housing facility means a housing facility administered under HUDs Property Disposition Program. Project means the whole of one or more residential structures and appur-tenant structures, equipment, roads, walks, and parking lots which are cov-ered by
46、 a single mortgage or contract or otherwise treated as a whole by the agency for processing purposes, wheth-er or not located on a common site. Property Disposition Program (PDP) means the HUD program which admin-isters the housing facilities that are ei-ther owned by the Secretary or where, even th
47、ough the Secretary has not ob-tained title, the Secretary is mort-gagee-in-possession. Such properties are deemed to be in the possession or control of the agency. Qualified individual with disabilities means: (1) With respect to any agency non- employment program or activity under which a person is
48、 required to perform services or to achieve a level of accom-plishment, an individual with disabil-ities who meets the essential eligi-bility requirements and who can achieve the purpose of the program or activity without modifications in the program or activity that the agency can demonstrate would
49、 result in a fun-damental alteration in its nature; or (2) With respect to any other agency non-employment program or activity, an individual with disabilities who meets the essential eligibility require-ments for participation in, or receipt of benefits from, that program or activ-ity. (3) Essential eligibility require-ments include stated eligibility re-quirements such as income, as well as other explicit or implici
