HUD Handbook 7465.1 § 4-2
APPLICANTS WITH HANDICAPS (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 504Operative Text
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.*Source: Legislative text reproduced verbatim
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Related Rules
§ 983.102
§ 983.102 Housing accessibility for persons with disabilities.
§ 2.5
Section 504 of the Rehabilitation Act of 1973
§ 3.5.1
The Integration Mandate