Section 504 Enforcement

HUD effects compliance with Section 504 through two primary means:

(1) HUD may initiate a compliance review of all aspects of the recipient’s program, services and activities, and

(2) HUD investigates complaints of discrimination filed by individuals with disabilities who allege discriminatory behavior in violation of Section 504 by a recipient.

In the latter case, HUD’s investigation focuses on the issues raised by the complainant, but HUD may seek to address the interests of other persons similarly situated and the public interest. While one desirable outcome of the complaint process is the complainant’s satisfaction, this is not the primary goal. HUD’s primary goal is to assure compliance with Section 504 by recipients of HUD assistance. Thus, while HUD will always encourage the complainant and the recipient to resolve their differences voluntarily, HUD may not close a case once its investigation has begun until it has ascertained that the recipient is in compliance with the law and that it will not discriminate against other persons with disabilities who are similarly situated. HUD will not require the complainant’s consent to any voluntary agreement it reaches with the recipient although every effort will be made to protect the complainant’s interests and to remedy the effects of the discrimination.