HUD Handbook 7465.1 § 3-4
ELDERLY FAMILY (HUD Public Housing Occupancy Handbook 7465.1)
HUD guidance — not codified law
In Force
Verified 9/25/2026 · Next check 10/2/2026
effective 9/25/2026FederalSection 8 HCVOperative Text
HUD Handbook 7465.1 § 3-4
a. POLICY
(1) PHAs must consider an applicant to be an elderly
family if the head of the household or the spouse
or the sole member is:
(a) at least 62 years old;
or
(b) disabled;
or
(c) handicapped.
(2) PHAs must also consider households composed of two
or more persons each of whom is at least 62 years
old, disabled, or handicapped to be an elderly
family.
(3) The PHA may not establish a minimum age (like 50
or 55) for a handicapped or disabled person to
qualify as an elderly family.
(4) An elderly family may include one or more live-in
care attendants, as necessary.
b. DISCUSSION
(1) Definitions
(a) A person is disabled if the person has a
disability defined in:
o Section 223 of the Social Security Act
or
o Section 102 (b)(5) of the Developmental
Disabilities Services and Facilities
Construction Amendments of 1970.
These definitions can be found in Appendix 3.
(b) A person is handicapped if the person has a
physical or mental impairment which:
o is expected to be of long-continued and
indefinite duration;
and
o substantially impedes his or her ability
to live independently;
and
o is of such a nature that such ability
could be improved by more suitable
housing conditions.
(2) The PHA may determine whether to permit single
persons who are qualifying as an elderly family on
the basis of age to be put on the waiting list
before reaching age 62. If the PHA decides to
permit it, the policy must be uniform (e.g., any
otherwise qualified single applicant who is at
least 61 must be put on the waiting list). The
PHA must make sure that any single person who is
qualifying on the basis of age and is not yet 62
is not admitted before reaching that age.
(3) If a member of the household other than the head
or spouse is over 62, disabled, or handicapped,
the household does not qualify as an elderly
family. The following are not elderly families:
(a) A three-generation family consisting of a
grandmother, mother, and daughter. The
mother is the head of household and the
grandmother is 70.
(b) A mother and her 17-year old son. The son is
handicapped.
(While neither would be an elderly family,
both of these households would qualify as a
family, however.)
(4) There is significant overlap in the definitions of
disabled and handicapped. A number of people may
qualify under both. This does not make them any
more of an elderly family.
While it is not usually a practical concern, the
emphasis in the social security definition of
disabled is on "inability to engage in any
substantial gainful activity". Therefore,
"disabled" may indicate difficulty working. The
emphasis in the definition of handicapped is on
"substantially impedes his or her ability to live
independently". Therefore, "handicapped"
indicates difficulty living independently.
(5) The PHA my consider an applicant receiving social
security disability benefits or supplemental
security income (SSI) disability benefits to be
disabled under HUD's definition.
(6) An applicant receiving veterans disability benefits
does not necessarily qualify as disabled under
HUD's definition.
(7) An applicant who is not receiving disability
benefits or whose disability benefits have been
discontinued may or may not qualify under the HUD
definitions of disabled and handicapped. The PHA
would have to consider other pertinent factors in
determining whether the applicant would qualify
under HUD's definitions.
(8) The presence of a live-in attendant does not, by
itself, make a family an elderly family.
(9) After admission, a household must continue to
qualify as an elderly family at the time of the
reexamination in order to get the benefit of the
deduction for elderly families and in order to
have medical expenses considered in determining
rent.
These families would not be considered elderly at
the time of the reexamination:
(a) The 60-year-old widow of a man who was 65 when
he died. They were public housing tenants at
the time of his death.
(b) A disabled person who "recovers".
(10) After admission, a handicapped or disabled person
who "recovers" can remain in public housing, but
is no longer considered an "elderly family".
c. REFERENCES
U.S. Housing Act of 1937, Sections 3(a) and 3(b)(3)
24 CFR 912.2Source: Legislative text reproduced verbatim
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Sep 25, 2026
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