HUD Handbook 4350.3 § 3-17

Definitions to establish eligibility or obtain program benefits as an elderly family or
          person with disabilities vary by program and in the Section 202/8, Section 202 PAC and
          Section 202 PRAC and Section 811 PRAC programs eligibility can vary by project. Also,
          some projects receive assistance from more than one program. Figure 3-5 indicates
          which definitions apply by type of program. Figure 3-6 presents the relevant definitions
          of elderly and disabled families.

Figure 3-5: Applicable Definitions for Elderly and Disability - Determining Project Eligibility
                                          Summary

Type of Project                 Definition of Elderly               Definition of Disability

Section 8 New Construction
                                      Definition A – Elderly Family   Definition D – Disabled Family
Section 8 Substantial
 Rehabilitation
                                                                      Definition E – Person with Disabilities
Section 8 State Agency
RHS Section 515/8
Section 8 Property
 Disposition Set-Aside
Section 231 with Section 8

Section 236 (insured and
 uninsured)                           Note: For Section 236 and       Note: For Section 236 and 221(d)(3)
                                       221(d)(3) properties, see       properties, see Paragraph 3-18 B.
Section 236 (insured and
                                       Paragraph 3-18 B.
 uninsured) with Section 8
 Loan Management Set-
 Aside
Section 236 (insured and
 uninsured) with RAP
Section 236 (insured and
 uninsured) with Rent
 Supplement
Section 221(d)(3) BMIR with
 Rent Supplement
Section 221(d)(3) BMIR with
 Section 8 Preservation
 Projects
Section 221(d)(3) BMIR
 (without Section 8)
Section 202 without rental            Single people aged 62 or        None
 assistance                             older; households the
                                        head of which (or the
                                        spouse) is aged 62 or
                                        more (12 U.S.C.
                                        1701q(d)(4) as added by
                                        P.L. 86-372(9/23/59)

NOTE: Under the Section 202/8, Section 202 PAC and Section 811 Programs, project eligibility may be
limited to persons qualifying under a specific disability category: persons with physical disabilities,
chronically mentally ill individuals, and developmentally disabled individuals.

Figure 3-5: Applicable Definitions for Elderly and Disability - Determining Project Eligibility
                                          Summary

Type of Project                 Definition of Elderly               Definition of Disability
*Section 202/8                        Definition B – Elderly Family   Definition G – Disabled (Handicapped)
                                                                       Family
                                                                      Definition H – Person with Disabilities
                                                                       (Handicapped person)
                                                                      Definition I – Nonelderly Disabled
                                                                       (Handicapped) Family

NA                              Definition G – Disabled (Handicapped)
                                                                       Family
*Section 202 PAC
                                                                      Definition H – Person with Disabilities
                                                                       (Handicapped person)
Section 202 PRAC
                                      Definition C – Elderly Person   NA
* Section 811 PRAC
                                      NA                              Definition F – Disabled Household
                                                                      Definition H – Person with Disabilities

* NOTE: Under the Section 202/8, Section 202 PAC and Section 811 Programs, project eligibility may be
limited to persons qualifying under a specific disability category: persons with physical disabilities,
chronically mentally ill individuals, and developmentally disabled individuals.

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

                       (taken from federal regulations as cited at each definition)

Elderly Definitions
  Definition A – Elderly Family. [24 CFR 5.403]
  Elderly Family. Elderly family means a family whose head or 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.

  Definition B – Elderly Family. [24 CFR 891.505] Elderly families are:
  (1)     Families of two or more persons, the head of which (or his or her spouse) is 62 years of age or
          older;
  (2)     The surviving member or members of a family described in paragraph (1) living in a unit assisted
          under subpart E of this part (Section 202 loans) with the now deceased member of the family at
          the time of his or her death;
  (3)     A single person who is 62 years of age or older; or
  (4)     Two or more elderly persons living together or one or more such persons living with another
          person who is determined by HUD, based upon a licensed physician's certificate provided by the
          family, to be essential to their care or well-being.

  Definition C – Elderly Person. [24 CFR 891.205] An elderly person is a household composed of one
  or more persons at least one of whom is 62 years of age or more at the time of initial occupancy.

Disability Definitions
  Definition D – Disabled Family. [24 CFR 5.403] A disabled family is a family whose head, spouse, or
  sole member is a person with disabilities. 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.
                                                      (Continued)

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

                         (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)

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

                       (taken from federal regulations as cited at each definition)

Definition E – Person with Disabilities (continued)

  (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 person with disabilities (individual with handicaps), as defined in 24 CFR 8.3, for purposes
          of reasonable accommodation and program accessibility for persons with disabilities.

Definition F – Disabled Household. [24 CFR 891.305] Disabled household means a household
  composed of:

  (1)     One or more persons at least one of whom is an adult (18 years or older) who has a disability;
  (2)     Two or more persons with disabilities living together, or one or more such persons living with
          another person who is determined by HUD, based upon a certification from an appropriate
          professional (e.g., a rehabilitation counselor, social worker, or licensed physician) to be important
          to their care or well-being; or
  (3)     The surviving member or members of any household described in paragraph (1) of this definition
          who were living in a unit assisted under this part (Section 811 Capital Advance) with the deceased
          member of the household at the time of his or her death.

Definition G – Disabled (Handicapped) Family. [24 CFR 891.505] Disabled (handicapped) family
  means:
  (1) Families of two or more persons the head of which (or his or her spouse) is a person with
        disabilities (handicapped);
  (2    The surviving member or members of any family described in paragraph (1) of this definition living
        in a unit assisted under subpart E of this part (Section 202 loans) with the deceased member of
        the family at the time of his or her death;
  (3) A single person with disabilities (handicapped person) over the age of 18; or
  (4) Two or more persons with disabilities (handicapped persons) living together, or one or more such
        persons living with another person who is determined by HUD, based upon a licensed physician's
        certificate provided by the family, to be essential to their care or well-being.

(Continued)

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

                       (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 long-
         continued 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.

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

                           (taken from federal regulations as cited at each definition)

  NOTE: The term handicapped appears in a number of regulatory definitions that have not yet been
  updated to reflect current statutes. In this handbook, HUD replaced handicapped with the term
  disabled, disability, or impairment to reflect current statutes. The parenthetical reference to
  handicapped indicates that the term handicapped has been replaced with disabled, disability, or
  impairment in that definition.