HUD Handbook 4350.3 § 2-23

Program Eligibility Purposes

       A.        Definitions with Respect to Civil Rights Protections

                 1.     Section 504 establishes definitions for “persons with disabilities” and
                        “disability” that differ from the definitions established in multifamily
                        subsidized housing program regulations for purposes of determining
                        program eligibility.

                 2.     The complete Section 504 definition of these terms is included in the
                        Glossary and identified as:

                        a.     “Persons with disabilities;” and

                        b.     “Disability.”

                 3.     When the handbook uses these terms with respect to civil rights
                        protections, it is usually in the context of nondiscrimination or accessibility
                        requirements, such as a discussion of requests for reasonable
                        accommodations by applicants or tenants. In this context, the civil rights-
                        related definitions apply.

                        Note: A person who meets the definition of a person with disabilities as
                        defined for civil rights protections may or may not meet the definition of a
                        person with disabilities as defined for program eligibility purposes.

       B.        Definitions for Program Eligibility Purposes

                 1.     In determining eligibility for admission to HUD-subsidized multifamily
                        properties, owners must use the definitions for disabled family, disabled
                        household, persons with disabilities, and nonelderly disabled family as
                        presented in Chapter 3, Figure 3-6 and also presented in the Glossary.

6/07                                             2-18                           HUD Occupancy Handbook
                                                                                Chapter 2: Civil Rights and
                                                                            Nondiscrimination Requirements

Requirements for Persons with Disabilities

Subsection 1:
Overview and General Requirements

2.       When the handbook uses these terms with respect to program eligibility, it
                           is usually in the context of an applicant’s eligibility for a specific type of
                           project, such as Section 202/8 or Section 811 PRAC project, or for a
                           specific set-aside within a property for persons with disabilities.