Fair Housing Act vs. Section 504: Costs, Access, and Accommodations

Section 504 of the Rehabilitation Act and the Fair Housing Act both prohibit disability discrimination in housing, but they are not interchangeable. The Fair Housing Act covers nearly all housing regardless of funding source. Section 504 applies only to housing that receives federal financial assistance, and where it applies, it demands more: the provider pays for disability-related modifications, a set percentage of units must be built fully accessible, and the standard for refusing a request is higher. If you live in or run federally assisted housing, Section 504 is usually the stronger of the two laws to rely on.

The Core Difference: Who Pays

The single most consequential distinction between the two laws is cost.

Under the Fair Housing Act, a landlord must permit a tenant to make reasonable physical modifications to a unit, like installing grab bars, widening a doorway, or building a ramp. But the tenant pays for the work, and the landlord can require the tenant to restore the unit to its original condition at move-out.¹

Under Section 504, that arrangement flips. A housing provider that receives federal financial assistance must pay for reasonable accommodations and reasonable structural modifications out of its own funds.² So if you need grab bars in a public housing unit, the housing authority covers the cost. Rent the same type of unit from a private landlord with no federal funding, and the bill is yours.

Which Law Applies to Your Housing

The Fair Housing Act reaches almost every housing transaction in the country, including private rentals, home sales, and mortgage lending.

Section 504 is narrower. It applies to any program or activity that receives federal financial assistance.³ In housing, that includes:

Public housing authorities running subsidized housing programs
State and local agencies administering federal funds such as Community Development Block Grants and HOME Investment Partnerships Program money
Private owners of properties receiving HUD project-based subsidies, including Section 8 project-based rental assistance, Section 202 supportive housing for the elderly, and Section 811 supportive housing for persons with disabilities
Sub-recipients who receive federal funds indirectly through a primary recipient

One boundary catches people out. A private landlord who accepts a tenant’s Housing Choice Voucher (tenant-based Section 8) is generally not covered by Section 504. HUD treats these landlords as ultimate beneficiaries of the program rather than recipients of federal assistance. The Fair Housing Act still applies to them, but Section 504’s stricter obligations do not.⁴ So the same tenant using a voucher pays for their own grab bars; the tenant next door in project-based Section 8 housing does not.

Accessibility of the Building Itself

The two laws also set different rules for how the building has to be designed in the first place.

The Fair Housing Act imposes design and construction requirements on multifamily buildings with four or more units first occupied after March 13, 1991. Those buildings must include accessible entrances, doors wide enough for wheelchairs, accessible common areas, and adaptable features like reinforced bathroom walls that will accept grab bars later.¹ Adaptable, not accessible from day one.

Section 504 requires more. In new construction of federally assisted multifamily housing, at least five percent of the units (or one unit, whichever is greater) must be fully accessible for people with mobility impairments. Another two percent, or at least one unit, must be accessible for people with hearing or vision impairments.⁵ All common areas must be accessible as well. HUD can require higher percentages when local data show greater need.⁶

Substantial renovations trigger the same percentages. A substantial alteration means work on a project of 15 or more units where the cost reaches 75 percent or more of the replacement cost of the completed building. Smaller renovations still require unit and common-area alterations to be made accessible to the maximum extent feasible until the project reaches the five-percent floor, unless a specific element would impose an undue financial and administrative burden.⁶

Accessible units built under Section 504 must meet technical specifications, not just a general sense of accessibility. HUD’s baseline is the Uniform Federal Accessibility Standards (UFAS), which set out door widths, bathroom layouts, counter heights, and route requirements. Since 2014, projects have also been allowed to use the 2010 ADA Standards for Accessible Design as an alternative. A project that follows UFAS must apply whichever standard is stricter on any given point; HUD identified 11 areas where UFAS is more protective than the 2010 ADA Standards.⁷

Reasonable Accommodations Under Both Laws

Both statutes require providers to make reasonable accommodations in rules, policies, and services when the change is needed to give a person with a disability equal opportunity to use and enjoy their home.⁸ Reserving a parking space near the door, allowing a transfer to a ground-floor unit, and waiving a guest policy for a live-in aide are typical examples.

You don’t have to use any specific words to make a request. Explaining that you have a disability and need a change to a rule or a physical feature is enough.

Assistance animals are treated the same way under both laws, and the definition is broader than the ADA’s service-animal rule. In housing, an assistance animal is any animal that works, assists, or provides emotional support that alleviates symptoms of a disability. It does not have to be a dog and does not need formal training. A note from a healthcare professional with personal knowledge of your condition is the standard form of documentation when a provider asks for it. HUD has warned that certificates bought from online animal-registry sites are not reliable evidence of a disability-related need.⁹

When a Section 504 Provider Can Say No

Section 504 does not require providers to grant every request. A provider can deny one that would fundamentally alter the nature of the housing program or impose an undue financial and administrative burden.² The determination has to be made case by case, not through a blanket policy, and HUD looks at project income, available reserves, administrative capacity, and how granting the request would affect other residents.¹⁰

A finding of undue burden on the full request does not end the analysis. HUD expects providers to offer a partial accommodation that fits their capacity. If a full bathroom renovation is too expensive, the provider may still need to install grab bars and let the resident pay for the rest.¹⁰

Filing a Complaint and the Deadlines

If a federally assisted provider denies an accommodation, refuses a required modification, or otherwise discriminates based on disability, you can file a complaint with HUD’s Office of Fair Housing and Equal Opportunity.¹¹ No lawyer or filing fee is required.

The two laws carry different deadlines. A Section 504 complaint must be filed within 180 days of the last discriminatory act. A Fair Housing Act complaint has one year. When both laws apply, the shorter Section 504 window is the one to watch.¹²

HUD investigators interview the parties, review documents, and may attempt conciliation. If a violation is found, remedies include compensation for actual damages (out-of-pocket expenses and emotional distress), policy changes, and injunctive relief such as making a unit available. Section 504 adds a lever the Fair Housing Act lacks: HUD can threaten or terminate the provider’s federal funding, which is often the most effective enforcement tool it has.¹² Section 504 also lets you sue in federal court without first exhausting the administrative process.

Retaliation Is Its Own Violation

Federal law prohibits retaliation against anyone who requests an accommodation, files a complaint, or takes part in an investigation under either statute.¹¹ If a provider raises your rent, threatens eviction, or takes another adverse action after you request an accommodation, that retaliation is a separate violation you can report to HUD on its own.

A Note on the Pending Rule Update

HUD’s Section 504 regulations have not been substantially updated since 1988. In April 2023, HUD published an advance notice of proposed rulemaking to modernize the rules, including aligning the definition of disability with the ADA Amendments Act of 2008 and updating the accessibility design standard.¹³ No final rule has been issued as of early 2026, and the current regulations under 24 CFR Part 8 remain in full effect.

1
Office of the Law Revision Counsel. 42 U.S. Code 3604 – Discrimination in the Sale or Rental of Housing
2
eCFR. 24 CFR 8.33 – Housing Adjustments
3
U.S. Department of Labor. 29 U.S.C. 794 – Nondiscrimination Under Federal Grants and Programs
4
U.S. Department of Housing and Urban Development. Fair Housing and Nondiscrimination Requirements – HCV Guidebook
5
eCFR. 24 CFR 8.22 – New Construction, Housing Facilities
6
eCFR. 24 CFR 8.23 – Alterations of Existing Housing Facilities
7
eCFR. 24 CFR 8.32 – Accessibility Standards
8
eCFR. 24 CFR 100.204 – Reasonable Accommodations
9
U.S. Department of Housing and Urban Development. Fact Sheet on HUD’s Assistance Animals Notice
10
U.S. Department of Housing and Urban Development. HUD Occupancy Handbook Exhibit 2-6 – Examples of Undue Financial and Administrative Burden
11
U.S. Department of Housing and Urban Development. Report Housing Discrimination
12
U.S. Department of Housing and Urban Development. Learn About FHEO’s Process to Report and Investigate Housing Discrimination
13
Federal Register. Nondiscrimination on the Basis of Disability – Updates to HUD’s Section 504 Regulations