24 C.F.R. § 960.407
§ 960.407 Selection preference for mixed population developments. (24 CFR Part 960)
Operative Text
(a) The PHA must give preference to elderly families and disabled families equally in determining priority for admission to mixed population developments. The PHA may not establish a limit on the number of elderly families or disabled families who may be accepted for occupancy in a mixed population development. (b) In selecting elderly families and disabled families to occupy units in mixed population developments, the PHA must first offer units that have special accessibility features for persons with disabilities to families who include persons with disabilities who require the accessibility features of such units (see §§ 8.27 and 100.202 of this title).
Under 24 CFR Part 960 § 960.407, public housing authorities operating mixed population developments—those designed to serve both elderly and disabled residents—must treat elderly families and disabled families as equally preferred groups when determining admission priority, and may not cap how many of either group are admitted. Additionally, when assigning units within these developments, units that include special accessibility features must first be offered to families that include a person with a disability who actually needs those features, consistent with broader fair housing and accessibility requirements.
Plain English — not legal advice.
Public housing authorities and property managers administering mixed population developments under § 960.407 generally maintain admission and unit-assignment policies that reflect equal priority for both elderly and disabled families, with no numerical caps on either group. A compliant operator also maintains a unit-assignment process that routes accessible units—those with features such as roll-in showers, wider doorways, or other disability-related modifications—to applicant families that include a member who requires those specific features before offering them to others. Documenting how unit offers are made and tracking accessibility-feature needs in the applicant pool are practices commonly associated with compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 960.407, elderly and disabled families have an equal and uncapped priority for admission to mixed population public housing developments, meaning a housing authority cannot lawfully limit how many people from either group are admitted. If your household includes a person with a disability who needs specific accessibility features, you have a right to be offered an accessible unit before those units are made available to households that do not require those features. Tenants who believe a housing authority has not followed these requirements may raise the issue as a defense in an administrative proceeding, file a complaint with HUD, or reach out to a local tenant-rights organization or legal aid office for general information about available options.
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.
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