HUD HCV Guidebook § 3.1.1

The Fair Housing Act/ADA/Section 504 definitions of disability are used for purposes of complying with each
of these Federal civil rights laws. The definition of disability under the Fair Housing Act is very similar to the
definition of disability under the ADA and Section 504.64 These statutes define a person with a disability to
include:
         •    Individuals with a physical or mental impairment that substantially limits one or more major life
              activities;
         •    Individuals who are regarded as having such an impairment; and
         •    Individuals with a record of such an impairment.

The term "physical or mental impairment" includes, but is not limited to, such conditions as orthopedic, visual,
speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, intellectual disabilities, emotional
illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and
alcoholism.

The term "substantially limits" suggests that the limitation is "significant" or "to a large degree." The term
“major life activity” means those activities that are of central importance to daily life, such as seeing, hearing,
walking, breathing, performing manual tasks, caring for oneself, learning, working, and speaking. This list of
major life activities is not exhaustive.65 Major life activities also include the operation of major bodily
functions, such as the functions of the immune system, special sense organs and skin, normal cell growth,
and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular,
endocrine, hemic, lymphatic, musculoskeletal, and reproductive systems. The operation of a major bodily
function includes the operation of an individual organ within a body system.

For purposes of federal nondiscrimination requirements, the definition of “disability” shall be construed
broadly in favor of expansive coverage to the maximum extent permitted. The primary focus should be
whether PHAs have complied with their obligations and whether discrimination has occurred, rather than if the
individual meets the definition of “disability.” The question of whether an individual meets the definition of
“disability” should not demand extensive analysis.66

Nothing in this section requires a PHA or owner to offer or continue tenancy for an individual whose tenancy
would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in
substantial physical damage to others that cannot be eliminated or mitigated by a reasonable accommodation
or modification of policies, practices or procedures, or by the provision of auxiliary aids or services.67 An
individual who abuses alcohol or drugs and whose participation, by reason of such current alcohol or drug
abuse, would constitute a direct threat to property or the safety of others, is not considered to be an individual

63 24 CFR 8.3, 8.4, 24 CFR 100.201; 28 CFR 35.108.
64 See 42 U.S.C. § 12102; 28 CFR 35.108 (Title II ADA); 29 U.S.C. § 705(20); 24 CFR 8.3 (Section 504); 42 U.S.C. § 3602(h); 24 CFR

100.201 (Fair Housing Act).
65 See e.g., Bragdon v. Abbott, 524 U.S. 624, 691-92 (1998) (holding that for certain individuals, reproduction is a major life activity)
66 28 CFR 5.101.
67 See 42 U.S.C. § 3604(f)(9); 24 CFR § 8.3; 28 CFR 35.104. HUD DOJ Joint Statement on Reasonable Accommodations, Q&A 5,

https://www.hud.gov/sites/documents/huddojstatement.pdf.

Fair Housing and Nondiscrimination Requirements                                                                               16
US Department of Housing and Urban Development                                                                        April 2025

with a disability, unless a purpose of the specific program or activity is to provide health or rehabilitation
services to such individuals.68