3-20 Eligibility for Admission to Individual Section 202, Section 202/8, Section 202…

• A. Section 202 (SH) projects serve the elderly as defined in Definition B in Figure 3- 6.

• B. Section 202/8 projects for the elderly serve:

  1. Elderly families as defined in Definition B in Figure 3-6; and

  2. For 10% of the units which are accessible, persons (elderly or nonelderly) who require the accessible features of the unit.

NOTE: When assigning accessible units, owners must treat equally elderly and nonelderly applicants with disabilities who require the accessible features of the unit, unless one applicant has an owneradopted restriction or preference. See paragraphs 3-18 B and 4-6 C.

• C. Section 202/8 and Section 202 PAC projects for persons with disabilities serve one or more of the following statutorily recognized categories of disability based upon the population to be served as described in the application for funding and defined in Definition H in Figure 3-6.

  1. Persons with physical disabilities;

  2. Persons with development disabilities; and/or

  3. Persons with chronic mental illness

• D. Section 202 PRAC projects serve a household composed of one or more persons at least one of whom is 62 years of age or more at the time of initial occupancy. See definition C in Figure 3-6.

• E. Section 811 projects serve one or any combination of the following statutorily recognized categories of disability based upon the population to be served as described in the application for funding and defined in definition H in Figure 3-6.

  1. Persons with physical disabilities;

  2. Persons with developmental disabilities; or

  3. Persons with chronic mental illness.

HUD Occupancy Handbook Chapter 3: Eligibility for Assistance and Occupancy

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Section 2: Project Eligibility

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In addition, sponsors of Section 811 projects may propose in their applications to restrict occupancy to a subcategory of one of the statutorily recognized categories of disability (e.g., AIDS is a subcategory of physical disability), provided they do not deny occupancy to any otherwise qualified person with a disability in the overall category that the subcategory falls under.

• F. Applicants with disabilities who meet the eligibility requirements for admission to a Section 202/8 project for the elderly or for persons with disabilities or a Section 811 project for persons with disabilities cannot be excluded on the basis of having another disability in addition to the one served by the particular project.