34 C.F.R. § 104.45

Housing

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(a) Housing provided by the recipient. A recipient that provides housing to its nonhandicapped students shall provide comparable, convenient, and accessible housing to handicapped students at the same cost as to others. At the end of the transition period provided for in subpart C, such housing shall be available in sufficient quantity and variety so that the scope of handicapped students' choice of living accommodations is, as a whole, comparable to that of nonhandicapped students.

(b) Other housing. A recipient that assists any agency, organization, or person in making housing available to any of its students shall take such action as may be necessary to assure itself that such housing is, as a whole, made available in a manner that does not result in discrimination on the basis of handicap.

Notes of Decisions

Cited in 1 case, 1989–1989 · leading case: Kevin Fleming v. New York Univ., 865 F.2d 478 (2d Cir. 1989).

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Kevin Fleming v. New York Univ., 865 F.2d 478 (2d Cir. 1989). “” 34 C.F.R. § 104.45 (a) (1987). Appellant argues that the University’s showing failed to meet this “scope” requirement because it failed to list the range of housing choices available to disabled graduate students.”

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