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

( taken from federal regulations as cited at each definition )

Definition H – Person with a Disability (Handicapped Person). [24 CFR 891.505 and 891.305] A person with disabilities means:

• (1) Any adult having a physical, mental, or emotional impairment that is expected to be of longcontinued and indefinite duration, substantially impedes his or her ability to live independently, and is of a nature that such ability could be improved by more suitable housing conditions.

• (2) A person with 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:

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

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

  • (iii) Is likely to continue indefinitely;

  • (iv) 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

  • (v) 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.

• (3) A person with a chronic mental illness, i.e., a person who has a severe and persistent mental or emotional impairment that seriously limits his or her ability to live independently, and whose impairment could be improved by more suitable housing conditions.

• (4) Persons infected with the human acquired immunodeficiency virus (HIV) who are disabled as a result of infection with the HIV are eligible for occupancy in the Section 202 projects designed for the physically disabled, developmentally disabled, or chronically mentally ill depending upon the nature of the person’s disability. (24 CFR 891.505)

Note: A person whose sole impairment is alcoholism or drug addiction (i.e., who does not have a developmental disability, chronic mental illness, or physical disability that is the disabling condition required for eligibility in a particular project) will not be considered to be disabled for the purposes of the Section 202 program.

• (5) A person infected with the human acquired immunodeficiency virus (HIV) and a person who suffers with alcoholism or drug addition, provided they meet the definition of “person with disabilities” in Section 811 (42 U.S.C) 8013(k)(2). A person whose sole impairment is a diagnosis of HIV positive or alcoholism or drug addiction (i.e., does not meet the qualifying criteria in Section 811will not be eligible for occupancy in a section 811 project. (24 CFR 891.305)

Definition I – Nonelderly Disabled (Handicapped) Family. [24 CFR 891.505] A nonelderly disabled (handicapped) family means a disabled family in which the head of the family (and spouse, if any) is less than 62 years of age at the time of the family's initial occupancy of a project.

HUD Occupancy Handbook Chapter 3: Eligibility for Assistance and Occupancy

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Section 2: Project Eligibility

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