[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR15b.41]

[Page 415]
 
                          TITLE 7--AGRICULTURE
 
PART 15b_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR 
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
               Subpart F_Other Aid, Benefits, or Services
 
Sec. 15b.41  Multi-family rental housing.

    (a) General. No qualified handicapped person shall, on the basis of 
handicap, be excluded from participation in, be denied the benefits of, 
or otherwise be subjected to discrimination in multi-family rental 
housing.
    (b) New construction. (1) Recipients receiving assistance from the 
Department for multi-family rental housing projects constructed after 
the effective date of this part shall construct at least five percent of 
the units in the project or one unit, whichever is greater, to be 
accessible to or adaptable for physically handicapped persons. The 
requirement that five percent of the units in the project or at least 
one unit, whichever is greater, be accessible or adaptable may be 
modified if a recipient shows, through a market survey approved by the 
Department, that a different percentage of accessible or adaptable units 
is appropriate for a particular project and its service area.
    (i) The variety of units accessible to or adaptable for physically 
handicapped persons shall be comparable to the variety of units 
available in the project as a whole.
    (ii) No extra charge may be made for use of accessible or adaptable 
units.
    (iii) A recipient that operates multi-family rental housing projects 
on more than one site may not locate all accessible or adaptable units 
at one site unless only one accessible or adaptable unit is required.
    (2) Standards for accessibility are contained in subpart C and in 
appropriate regulations.
    (c) Existing facilities. Recipients receiving assistance from the 
Department for multi-family rental housing projects constructed prior to 
the effective date of this part shall assure that their facilities 
comply with the accessibility requirements established in Sec. 15b.18 
if a qualified handicapped person applies for admission. Necessary 
physical alterations made pursuant to such requirements shall be 
completed within a reasonable amount of time after the unit becomes 
available for occupancy by the qualified handicapped person. Subject to 
the availability of funds and fulfillment by the recipient of all 
program eligibility requirements, the Department may assist recipients 
to comply with accessibility requirements through methods such as (1) 
consideration of subsequent loan applications for purposes of making 
existing facilities accessible or for the construction of additional 
units which are accessbile and (2) consideration of approval to commit 
project reserve account funds for minor modifications in order to make 
existing facilities accessible.

[47 FR 25470, June 11, 1982, as amended at 68 FR 51343, Aug. 26, 2003]