24 C.F.R. § 5.403

§ 5.403 Definitions. (24 CFR Part 5)

In Force
Verified 8/18/2026 · Next check 9/17/2026
effective 5/25/2026FederalAffordable Housing ProgramsPublic Housing

Operative Text

24 C.F.R. § 5.403
Annual contributions contract (ACC) means the written contract between HUD and a PHA under which HUD agrees to provide funding for a program under the 1937 Act, and the PHA agrees to comply with HUD requirements for the program.

Applicant means a person or a family that has applied for housing assistance.

Disabled family means a family whose head (including co-head), spouse, or sole member is a person with a disability. It may include two or more persons with disabilities living together, or one or more persons with disabilities living with one or more live-in aides.

Displaced family means a family in which each member, or whose sole member, is a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief

Elderly family means a family whose head (including co-head), spouse, or sole member is a person who is at least 62 years of age. It may include two or more persons who are at least 62 years of age living together, or one or more persons who are at least 62 years of age living with one or more live-in aides.

Family includes, but is not limited to, the following, regardless of actual or perceived sexual orientation, gender identity, or marital status:

(1) A single person, who may be:

(i) An elderly person, displaced person, disabled person, near-elderly person, or any other single person;

(ii) An otherwise eligible youth who has attained at least 18 years of age and not more than 24 years of age and who has left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act (42 U.S.C. 675(5)(H)), and is homeless or is at risk of becoming homeless at age 16 or older; or

(2) A group of persons residing together, and such group includes, but is not limited to:

(i) A family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family);

(ii) An elderly family;

(iii) A near-elderly family;

(iv) A disabled family;

(v) A displaced family; and

(vi) The remaining member of a tenant family.

Live-in aide means a person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who:

(1) Is determined to be essential to the care and well-being of the persons;

(2) Is not obligated for the support of the persons; and

(3) Would not be living in the unit except to provide the necessary supportive services.

Near-elderly family means a family whose head (including co-head), spouse, or sole member is a person who is at least 50 years of age but below the age of 62; or two or more persons, who are at least 50 years of age but below the age of 62, living together; or one or more persons who are at least 50 years of age but below the age of 62, living with one or more live-in aides.

Person with disabilities:

(1) Means a person who:

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

(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 42 U.S.C. 6001.

(2) Does not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome;

(3) For purposes of qualifying for low-income housing, does not include a person whose disability is based solely on any drug or alcohol dependence; and

(4) Means “individual with handicaps”, as defined in § 8.3 of this title, for purposes of reasonable accommodation and program accessibility for persons with disabilities.
Source: Legislative text reproduced verbatim
Plain English

Section 5.403 of 24 CFR Part 5 establishes the core vocabulary used throughout HUD's housing assistance programs, defining terms such as 'family,' 'elderly family,' 'disabled family,' 'displaced family,' 'near-elderly family,' 'person with disabilities,' and 'live-in aide.' These definitions determine who qualifies for various categories of assistance and how household composition is evaluated, with 'family' interpreted broadly to include single individuals, groups living together, and households of varying ages and abilities regardless of marital status, sexual orientation, or gender identity. The definitions also clarify that a live-in aide is treated as part of the household for occupancy purposes but is not considered a family member with independent eligibility rights.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 4, 2026

Plain English — not legal advice.

For Property Managers

Public housing authorities and HUD-assisted property operators working under an Annual Contributions Contract should apply the definitions in § 5.403 consistently when screening applicants, determining household composition, and evaluating requests for live-in aides. A compliant operator recognizes that 'family' under this section encompasses a wide range of household configurations, including single individuals and groups, and does not restrict eligibility based on marital status, sexual orientation, or gender identity. Operators also generally document whether a requested live-in aide meets the three-part criteria under § 5.403—essentiality to care, no support obligation, and residency solely for supportive services—before approving occupancy.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under § 5.403, applicants and current participants in HUD-assisted housing have the right to have their household composition evaluated using these defined categories, which can affect eligibility, unit size, and accommodation requests. If a housing authority or assisted property denies a request—such as approval of a live-in aide or recognition of a household member under the 'family' definition—tenants may have grounds to raise that determination as an issue through the program's grievance process or by filing a complaint with HUD. Tenant-rights organizations familiar with federal housing programs can help individuals understand how the definitions in § 5.403 apply to their household circumstances.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
May 25, 2026
Expression #2
May 25, 2026
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Related Rules

§ 1437
Declaration of policy and public housing agency organization
§ 5.100
§ 5.100 Definitions.
§ 5.107
§ 5.107 Audit requirements for non-profit organizations.

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