Figure 3-6: Applicable Definitions of Elderly and Disability - Determining Project…

( taken from federal regulations as cited at each definition )

Definition E – Person with Disabilities [24 CFR 5.403]. A person with disabilities for purposes of program eligibility:

• (1) Means a person who:

  • (i) Has a disability, as defined in 42 U.S.C. 423;

    • (A) Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or

    • (B) In the case of an individual who has attained the age of 55 and is blind, inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he/she has previously engaged with some regularity and over a substantial period of time. For the purposes of this definition, the term blindness, as defined in section 416(i)(1) of this title, means central vision acuity of 20/200 or less in the better eye with use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered for the purposes of this paragraph as having a central visual acuity of 20/200 or less.

  • (ii) Is determined, pursuant to HUD regulations, to have a physical, mental, or emotional impairment that:

    • (A) Is expected to be of long-continued and indefinite duration,

    • (B) Substantially impedes his or her ability to live independently, and

    • (C) Is of such a nature that the ability to live independently could be improved by more suitable housing conditions; or

  • (iii) Has a developmental disability, as defined in Section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(8)), i.e., a person with a severe chronic disability that

    • (A) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

    • (B) Is manifested before the person attains age 22;

    • (C) Is likely to continue indefinitely;

    • (D) Results in substantial functional limitation in three or more of the following areas of major life activity:

      • a. Self-care,

      • b. Receptive and expressive language,

      • c. Learning,

      • d. Mobility,

      • e. Self-direction,

      • f. Capacity for independent living, and

      • g. Economic self-sufficiency; and

  • (E) Reflects the person’s need for a combination and sequence of special, interdisciplinary,

    • or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated.

(Continued)

HUD Occupancy Handbook Chapter 3: Eligibility for Assistance and Occupancy

6/07

3-49

Section 2: Project Eligibility

4350.3 REV-1