24 C.F.R. § 8.28

Housing voucher programs

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(a) In carrying out the requirements of this subpart, a recipient administering a Section 8 housing voucher program shall:

(1) In providing notice of the availability and nature of housing assistance for low-income families under program requirements, adopt suitable means to assure that the notice reaches eligible individuals with handicaps;

(2) In its activities to encourage participation by owners, include encouragement of participation by owners having accessible units;

(3) When issuing a Housing Voucher to a family which includes an individual with handicaps include a current listing of available accessible units known to the PHA and, if necessary, otherwise assist the family in locating an available accessible dwelling unit;

(4) Take into account the special problem of ability to locate an accessible unit when considering requests by eligible individuals with handicaps for extensions of Housing Vouchers; and

(5) If necessary as a reasonable accommodation for a person with disabilities, approve a family request for an exception payment standard under § 982.503(d)(5) for a regular tenancy under the Section 8 voucher program so that the program is readily accessible to and usable by persons with disabilities.

(b) In order to ensure that participating owners do not discriminate in the recipient's federally assisted program, a recipient shall enter into a HUD-approved contract with participating owners, which contract shall include necessary assurances of nondiscrimination.

[53 FR 20233, June 2, 1988, as amended at 63 FR 23853, Apr. 30, 1998; 89 FR 38290, May 7, 2024]

Notes of Decisions

Cited in 11 cases, 2002–2020 · leading case: Taylor v. Housing Authority of New Haven

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Taylor v. Housing Authority of New Haven (2010) ctd · cites it 22× “§ 1983 , that HANH has violated two relevant HUD regulations, 24 C.F.R. §§ 8.28 (a) and 100.204, by instituting, condoning, knowing about, and failing to correct “policies, pattern and/or practices” that violate Plaintiffs’ right to certain specific reasonable accommodations.”

Louis ex rel. G.A.H. v. New York City Housing Authority (2016) nysd · cites it 4× “Notably, HUD regulations such as 24 C.F.R. § 8.28 (a) 8 and 24 C.F.R. § 100.”

Taylor v. Housing Authority of New Haven (2009) ctd · cites it 9× “204 , and violates 24 C.F.R. § 8.28 (a)(3). (2d Am. Compl. [Doc.”

Logan v. Matveevskii (2014) nysd “To be sure, the regulations at issue in Taylor, 24 C.F.R. §§ 8.28 and 100.204, were different than those at issue here.”

Reyes Ex Rel. Reyes v. Fairfield Properties (2009) nyed “§ 1437f(o), 24 C.F.R. §§ 8.28 (a)(2), 982.1(a)-(b)). 4 .”

Bennett v. New York City Housing Authority (2002) nyed “24 C.F.R. § 8.28 (a)(2). HUD regulations create an administrative process by which beneficiaries claiming discrimination on the basis of a disability may file an administrative complaint with HUD, either individually or on behalf of a class.”

Weatherford v. Nevada Rural Housing Authority (2013) nvd “11 , 24 C.F.R. § 8.28 (a)(5), and 24 C.F.R. § 8.”

Taylor Ex Rel. Wazyluk v. Housing Authority of the City of New Haven (2011) ca2 · cites it 2× “§ 794 ; and regulations promulgated thereunder, 24 C.F.R. §§ 8.28 , 100.204. After a nine-day bench trial, the district court entered judgment on March 29, 2010, finding in favor of defendants on all claims and vacating its earlier class certification order.”

Taylor Ex Rel. Wazyluk v. HOUSING AUTHORITY OF CITY OF NEW HAVEN (2011) ca2 · cites it 2× “§ 794 ; and regulations promulgated thereunder, 24 C.F.R. §§ 8.28 , 100.204. After a nine-day bench trial, the district court entered judgment on March 29, 2010, finding in favor of defendants on all claims and vacating its earlier class certification order.”

WOMACK v. HOUSING AUTHORITY OF CHESTER COUNTY (2020) paed · cites it 3× “Buta plaintiff cannot maintain a claim under § 1983 to enforce the regulations under 24 C.F.R. § 8.28 . See Taylor ex rel. Wazyluk v.”

ANTONELLI v. GLOUCESTER COUNTY HOUSING AUTHORITY (2019) njd “3d at 154 (citing 24 C.F.R. § 8.28 and 24 C.F.R. § 100.204 ).”

— 24 C.F.R. § 8.28(a)(5) — 1 case

WOMACK v. HOUSING AUTHORITY OF CHESTER COUNTY (2020) paed “Buta plaintiff cannot maintain a claim under § 1983 to enforce the regulations under 24 C.F.R. § 8.28 . See Taylor ex rel. Wazyluk v.”

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