New Proposed Section 504: All You Need to Know

HUD’s current Section 504 rules, published in 1988, prohibit specific acts of discrimination and impose accessibility requirements on new construction and alterations to existing buildings. New issues and concerns have arisen in the intervening 35 rules that the existing regulations do not address.

HUD’s proposed overhaul of its Section 504 rules provides an opportunity to address questions raised by HUD and to offer suggestions about how its Section 504 rules should be updated

Considering the costs and risks they impose; HUD’s Section 504 rules have had a tremendous day-to-day impact on housing providers and managers. Section 504 complaints comprise the largest share of program-related civil rights claims handled by HUD, according to this week’s announcement. The promised overhaul could impose additional duties on owners and managers, or alternatively, could provide clarity that is missing now. It’s important for housing providers and managers to seize this opportunity to share their experiences with HUD and to make sure, as HUD starts to revise its Section 504 rules, that their voices and concerns are heard.

Areas Covered

New proposed rules affecting Section We will cover many of these proposed rule changes. These include:

• Revisions to the definition of “individuals with disabilities” to be consistent with the ADA Amendment Acts of 2008 and DOJ’s Title II ADA regulations.
• Examples of direct and indirect discrimination against those with mental or physical disabilities in securing affordable housing.
• Auxiliary Aids and Services in Housing and Community Development Programs and Activities.
• Revisions to the definition of “individuals with disabilities” to be consistent with the ADA Amendment Acts of 2008 and DOJ’s Title II ADA regulations.

In announcing its planned overhaul, HUD acknowledged that its existing Section 504 rules need to be updated to address emerging issues and solicited comments on a variety of questions about the current Section 504 rules and how they should be revised. These include, among others, questions about whether the current definition of an “individual with disabilities” should be changed; whether the current new construction rules, requiring 5% of units be mobility-accessible and 2% of units be visual- and hearing-accessible, adequately meet the needs of persons with disabilities; and whether the accessibility needs of persons receiving housing choice vouches and other tenant-based assistance are being met.

Who Should Attend

• Property owners
• Property managers
• Leasing agents
• Builders
• Developers
• Realtors
• Housing Authorities

Speaker(s)

Paul Flogstad

Paul has been involved in the real estate industry for the past 38 years. He has been involved in sales, construction, project management, appraisal, property management and property management consulting/training.

Through his consulting company, Property Management Solutions, he provides training and consulting services nationwide to owners, management companies, multi-housing associations, as well as state and federal agencies.

He specializes in fair housing issues and has developed fair housing and outreach programs for governmental agencies as well as conducting seminars which are presented to property management companies, apartment associations and the general public nationwide. Most recently, he has been a consultant to the State of South Dakota. In this assignment he has developed a fair housing awareness program that is one of the first of its kind in the nation. It involves a three pronged approach to fair housing awareness. This approach makes use of an ombudsman concept and has proven to be very effective in dealing with discrimination and landlord/tenant issues.

For over twenty years he was involved in appraisal of residential, multi-family, farm and commercial properties throughout the Midwest. Most recently, he was a consultant for affordable, multi-housing properties in 22 different states. This involved properties in HUD, Rural Development, HOME and Tax Credit programs.

He holds numerous professional property management designations and currently holds the prestigious RHM designation from the National Center for Housing Management.

Paul was previously Vice President of the South Dakota Multi-Housing Association, Vice Chairman of the Minnehaha County Housing and Redevelopment Commission, and Chairman of the Sioux Falls Property Appeals Board. In 2009, he received the Outstanding Educator of the Year award from the South Dakota Multi-Housing Association.

Paul just authored a book which was released in January of 2015. It is titled: “Fair Housing: What Everyone Should Know”. This is a comprehensive book about the fair housing written with a property manager’s perspective and with real world examples. It is a great resource for anyone.

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