HUD HCV Guidebook § 9

The following terms are used in this Chapter:
Congregate Housing is the housing for elderly persons and/or persons with disabilities that meets the HQS for
congregate housing.
Cooperative is the housing owned by a corporation or association, and where a member of the corporation or
association has the right to reside in a particular unit, and to participate in management of the housing.
Disability (for purposes of HUD’s program definition) is defined as:

52 24 CFR § 982.624
53 24 CFR § 982.624
54 24 CFR § 982.624
55 24 CFR § 982.622(b)(3)
56 24 CFR § 982.622(b)(3)
57 24 CFR § 982.622(b)(4)

o   Having a disability as defined in 42 U.S.C. § 423(d)(1);
                    ▪ 42 U.S.C. Section 423(d)(1)(A) defines disability as:
                             • 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
                             • In the case of an individual who has attained the age of 55 and is blind (within
                                  the meaning of “blindness” as defined in section 416(i)(1) of this title), inability
                                  by reason of such blindness to engage in substantial gainful activity requiring
                                  skills or ability comparable to those of any gainful activity in which he has
                                  previously engaged with some regularity and over a substantial period of time.
            o   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
                such a nature that ability to live independently could be improved by more suitable housing
                conditions; or
            o   Having a developmental disability as defined in 42 U.S.C. § 15002(8) (formerly codified in 42
                U.S.C. § 6001.The Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. §
                6001(8)) defines developmental disability in functional terms as: A severe, chronic disability of
                a person 5 years of age or older which:
                        (A) is attributable to a mental or physical impairment or combination of mental and
                        physical impairments;
                        (B) is manifested before the person attains age twenty-two;
                        (C) is likely to continue indefinitely;
                        (D) results in substantial functional limitations in three or more of the following areas
                        of major life activity:
                                  (i) self-care,
                                  (ii) receptive and responsive language,
                                  (iii) learning,
                                  (iv) mobility,
                                  (v) self-direction,
                                  (vi) capacity for independent living, and
                                  (vii) 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 which are of lifelong or
                        extended duration and are individually planned and coordinated; except that such
                        term, when applied to infants and young children, means individuals from birth to age
                        5, inclusive, who have substantial developmental delay or specific congenital or
                        acquired conditions with a high probability of resulting in developmental disabilities if
                        services are not provided. See also 24 CFR § 5.403 (Definitions).

A person with a disability to include (1) individuals with a physical or mental impairment that substantially
limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3)
individuals with a record of such an impairment. The term "physical or mental impairment" includes, but is not
limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human
Immunodeficiency Virus infection, developmental 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 one’s self, learning, working, and speaking.
Elderly Person means an individual who is at least 62 years of age.

Fair Market Rent (FMR) is the rent, including the cost of utilities (except telephone), as established by HUD for
units of varying sizes (by number of bedrooms), that must be paid in the housing market area to rent privately
owned, existing, decent, safe and sanitary rental housing of modest (non-luxury) nature with suitable
amenities.
Family Share is the portion of rent and utilities paid by the family.
Gross Rent is the sum of the rent to owner plus any utility allowance.
Group Home is a dwelling unit that is licensed by a State as a group home for the exclusive residential use of
two to twelve persons who are elderly or persons with disabilities (including any live-in aide).
Housing Assistance Payment is the monthly assistance payment by a PHA, which includes: (1) A payment to
the owner for rent to the owner under the family's lease; and (2) An additional payment to the family if the
total assistance payment exceeds the rent to owner.
Housing Quality Standards (HQS) are the HUD minimum quality standards for housing assisted under the
tenant-based programs.
Manufactured Home is a manufactured structure that is built on a permanent chassis, is designed for use as
a principal place of residence, and meets the HQS.
Manufactured Home Space is a space leased by an owner to a family. A manufactured home owned and
occupied by the family is located on the space.
Payment Standard is the maximum monthly assistance payment for a family assisted in the voucher program
(before deducting the total tenant payment by the family.
Reasonable Rent is a rent to owner that is not more than rent charged: (1) For comparable units in the private
unassisted market; and (2) For comparable unassisted units in the premises.
Rent to Owner is the total monthly rent payable to the owner under the lease for the unit. Rent to owner
covers payment for any housing services, maintenance and utilities that the owner is required to provide and
pay for.
Shared Housing is a unit occupied by two or more families. The unit consists of both common space for
shared use by the occupants of the unit and separate private space for each assisted family.
Single Room Occupancy Housing (SRO) is a unit that contains no sanitary facilities or food preparation
facilities, or contains either, but not both, types of facilities.