24 C.F.R. § 8.6

Communications

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(a) The recipient shall take appropriate steps to ensure effective communication with applicants, beneficiaries, and members of the public.

(1) The recipient shall furnish appropriate auxiliary aids where necessary to afford an individual with handicaps an equal opportunity to participate in, and enjoy the benefits of, a program or activity receiving Federal financial assistance.

(i) In determining what auxiliary aids are necessary, the recipient shall give primary consideration to the requests of the individual with handicaps.

(ii) The recipient is not required to provide individually prescribed devices, readers for personal use or study, or other devices of a personal nature.

(2) Where a recipient communicates with applicants and beneficiaries by telephone, telecommunication devices for deaf persons (TDD's) or equally effective communication systems shall be used.

(b) The recipient shall adopt and implement procedures to ensure that interested persons (including persons with impaired vision or hearing) can obtain information concerning the existence and location of accessible services, activities, and facilities.

(c) This section does not require a recipient to take any action that the recipient can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. If an action would result in such an alteration or burdens, the recipient shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with handicaps receive the benefits and services of the program or activity receiving HUD assistance.

Notes of Decisions

Cited in 2 cases, 1999–2014 · leading case: Jordan v. Greater Dayton Premier Mgmt., 9 F. Supp. 3d 847 (S.D. Ohio 2014).

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Jordan v. Greater Dayton Premier Mgmt., 9 F. Supp. 3d 847 (S.D. Ohio 2014). · cites it 2× “24 C.F.R. § 8.6 (a)(1)®. In this case, it is undisputed that: (1) Jordan is “handicapped” or “disabled”; (2) GDPM is aware of her disability; (3) Jordan is “otherwise qualified” to participate in.”

Greene Metro. Hsg. Auth. v. Manning, Unpublished Decision (2-19-1999) (Ohio Ct. App. 1999). “" "Appropriate auxiliary aids" for sight-impaired persons include Brailled materials, audio recordings, and the provision of a reader.”

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