HUD Handbook 7465.1 § 4-2

a.   POLICY

            (1)   Generally, the PHA may not inquire if an
                  applicant, a person residing or intending to
                  reside with an applicant or any person associated
                  with an applicant has a handicap or inquire as to
                  the nature or severity of a handicap. The PHA is
                  permitted to make inquiries to the extent
                  necessary to:

                  (a)   Determine an applicant's eligibility or level
                        of benefits under the program. When the sole
                        basis for determining an individual's
                        eligibility is based on the person's handicap
                        or disability, the PHA must verify the
                        handicap or disability.

                  (b)   Determine if an applicant is qualified for a
                        unit available only to persons with handicaps
                        such as an independent group residence or a
                        project serving frail elderly.

                  (c)   Determine if an applicant is entitled to a
                        priority for a specially designed unit such
                        as a barrier-free unit if the applicant

                        desires such a unit or priority or determine
                        if a handicapped applicant may qualify as an
                        "elderly family" and be entitled to a
                        priority for admission to an elderly project.

                  (d)   Verify an individuals handicap to determine
                        whether a "reasonable accommodation" in
                        rules, practices or services requested by a
                        handicapped applicant may be necessary.

            (2)   A PHA may not require applicants to provide access
                  to confidential medical records in order to verify
                  handicap or disability.

            (3)   When a PHA makes inquiries as to the nature and
                  severity of handicaps, it must do so for all
                  applicants to whom such inquiries might pertain
                  whether or not they have handicaps. For example,
                  if the PHA has specially designed units for
                  persons with disabilities, it should ask all
                  applicants if they or a member of their family
                  wish to be considered for such a unit-and, if so,
                  if they would benefit from such a unit.

(4)   Subject to the limitations in subparagraphs (1)
                  and (2) above, the PHA may make inquiries
                  necessary to determine the applicant's
                  eligibility, level of benefits and suitability for
                  tenancy provided such inquiries are made of all
                  applicants whether or not they have handicaps.
                  This includes:

                  (a)   Inquiring whether an applicant for a dwelling
                        is a current illegal abuser or addict of a
                        controlled substance or is currently engaging
                        in the illegal use of drugs. (See Section 512
                        of the Americans with Disabilities Act of
                        1990, 104 Stat. 327.)

                  (b)   Inquiring whether an applicant has been
                        convicted of the illegal manufacture or
                        distribution of a controlled substance.

            (5)   A handicapped applicant who does not meet the
                  PHA's criteria for suitability for tenancy must be
                  admitted if the applicant can meet the PHA's
                  criteria for suitability through "reasonable
                  accommodation."

            (6)   Objectionable behavior impacting on the
                  applicant's ability to fulfill essential lease
                  obligations may form the basis for rejection of a

                  handicapped applicant, where such behavior cannot
                  be corrected by reasonable accommodation, even if
                  the behavior is related to the disability.
                  Examples of these types of objectionable behavior
                  include failure to pay rent, disturbing neighbors,
                  destroying property or living or housekeeping
                  habits adversely affecting the health, safety or
                  welfare of other persons.

            (7)   The PHA must not assume that the presence of a
                  particular handicap or disabling condition
                  automatically disqualifies an applicant for
                  participation in the program or for a particular
                  dwelling or type of dwelling. For example, the
                  PHA may not deny a mobility impaired applicant an
                  opportunity to move into a unit with its only
                  bathroom on the second floor. The PHA may not
                  request a special showing

by a handicapped applicant that he or she can
                  comply with the terms of the lease based on
                  speculation that the applicant's disability may
                  make compliance more difficult.

       b.   DISCUSSION

            (1)   An elderly family (which includes a family where
                  the head or spouse of any age is handicapped or
                  disabled as defined in the United States Housing
                  Act of 1937 as amended) receives a $400 deduction
                  from income and a deduction of un-reimbursed
                  medical expenses in excess of three percent of
                  Annual Income for determining rent. If an
                  applicant's sole qualification as an elderly
                  family depends on a disability or handicap, the
                  PHA must verify the existence of the disability or
                  handicap or the applicant must forgo the
                  deduction.

            (2)   PHAs must make inquiries about the nature and
                  severity of handicaps to the extent necessary to
                  determine whether the family's adjusted income
                  should reflect a deduction based on handicapped
                  assistance expenses. (See 24 CFR 913.102.)

            (3)   PHAs must make inquiries about the nature and
                  severity of handicaps to the extent necessary to
                  determine whether a live-in aide is essential to
                  the care and well being of a handicapped or
                  disabled person. (See 24 CFR 913.102 and 24 CFR
                  913.106(c)(5).)

            (4)   Verification of disability includes receipt of
                  Social Security or Supplemental Security Income
                  disability benefits. If such benefits are not
                  being received, proof of residence in an
                  institution, documents showing hospitalization for
                  a disability or verification by a health or
                  service professional such as a social worker may
                  provide a basis for verification. As in
                  verification generally, direct contact with a
                  third party is preferable to accepting documents
                  provided by the applicant.

            (5)   The PHA may not require a statement or
                  verification from a physician when adequate
                  verification is available from other sources.

(6)   In evaluating an applicant with a handicap, the
                  PELA must consider "mitigating circumstances" just
                  as it does for any applicant. In the case of a
                  person with handicaps, mitigating circumstances
                  may include participation in treatment programs
                  and the availability of services and assistance
                  from the community, friends and family.

            (7)   When an applicant (including applicants who are
                  not handicapped) cannot provide the customary
                  information required to verify suitability for
                  tenancy such as references from former landlords
                  and credit reports, the PHA should consider other
                  sources of information such as personal
                  references, institutions where the applicant has
                  lived, doctors, therapists and service agency
                  personnel. Home visits and interviews also
                  provide valuable information for making a
                  determination of suitability for tenancy.

    c.      REFERENCES

            (1)   Section 504 of the Rehabilitation Act of 1973, as
                  amended.

            (2)   The Fair Housing Act.

            (3)   Section 512 of the Americans with Disabilities Act
                  of 1990.

            (4)   24 CFR Part 8 - Nondiscrimination Based on
                  Handicap in Federally Assisted Programs and
                  Activities of the Department of Housing and Urban
                  Development.

            (5)   24 CFR Part 14 - Implementation of the Fair Housing

                  Amendments Act of 1988.

            (6)   24 CFR Part 912 - Definition of Family and other
                  related terms.

            (7)   24 CFR Part 913 - Definition of income limits,
                  income, rent, etc.

            (8)   24 CFR Part 960 - Admission To, and Occupancy of,
                  Public Housing.*