Section 504 of the Rehabilitation Act
The law
The most under-used provision in this area, and the one least affected by what happened in May 2026.
What it says
Section 504 provides that no otherwise qualified individual with a disability shall, solely by reason of their disability, be excluded from participation in, denied the benefits of, or subjected to discrimination under any programme or activity receiving federal financial assistance. In housing that reaches public housing authorities, project-based assisted housing, and any private provider taking federal money.
Why it matters separately
- It is a different statute with a different enforcement path, so it does not rise or fall with a HUD policy decision about Fair Housing Act complaints.
- It requires reasonable accommodation as part of meaningful access, so the substance is similar and the source is independent.
- It reaches the provider because of the money they take, rather than because of what they do, which is a different hook and sometimes an easier one.
HUD narrowed its Fair Housing Act enforcement posture on animals in May 2026. It did not repeal Section 504. Any federally assisted provider treating the rescission as a general relaxation has confused two different statutes, and that is worth saying to them in writing.
Which housing this covers
- Public housing.
- Section 8 project-based assistance, and in practice much voucher-supported housing through the authority administering it.
- Section 202 supportive housing for elderly residents and Section 811 for people with disabilities.
- USDA Rural Development Section 515 properties.
- Housing operated by any entity receiving federal financial assistance for that programme.
How to use it
Name it. A request that cites the Fair Housing Act alone invites the answer that HUD has changed its position. A request that also names Section 504 puts the provider on notice of an obligation the rescission did not touch, and a provider that receives federal money generally has a compliance officer who knows exactly what that means.
Common questions
- How do I know if my building takes federal money?
- Ask the management company directly. Public housing, Section 8 project-based, Section 202, 811 and USDA 515 properties all do.