HUD Handbook 4350.3 § 2-23
Definition of Persons with Disabilities for Civil Rights Protections versus (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
Program Eligibility Purposes
A. Definitions with Respect to Civil Rights Protections
1. Section 504 establishes definitions for “persons with disabilities” and
“disability” that differ from the definitions established in multifamily
subsidized housing program regulations for purposes of determining
program eligibility.
2. The complete Section 504 definition of these terms is included in the
Glossary and identified as:
a. “Persons with disabilities;” and
b. “Disability.”
3. When the handbook uses these terms with respect to civil rights
protections, it is usually in the context of nondiscrimination or accessibility
requirements, such as a discussion of requests for reasonable
accommodations by applicants or tenants. In this context, the civil rights-
related definitions apply.
Note: A person who meets the definition of a person with disabilities as
defined for civil rights protections may or may not meet the definition of a
person with disabilities as defined for program eligibility purposes.
B. Definitions for Program Eligibility Purposes
1. In determining eligibility for admission to HUD-subsidized multifamily
properties, owners must use the definitions for disabled family, disabled
household, persons with disabilities, and nonelderly disabled family as
presented in Chapter 3, Figure 3-6 and also presented in the Glossary.
2. When the handbook uses these terms with respect to program eligibility, it
is usually in the context of an applicant’s eligibility for a specific type of
project, such as Section 202/8 or Section 811 PRAC project, or for a
specific set-aside within a property for persons with disabilities.HUD Handbook 4350.3 REV-1 CHG-4 § 2-23 establishes that the term 'persons with disabilities' carries two distinct legal meanings depending on the context in which it is used. When the term appears in discussions of civil rights protections—such as nondiscrimination requirements or reasonable accommodation requests—it follows the Section 504 definition. When the term appears in discussions of program eligibility for HUD-subsidized multifamily housing, it follows a separate set of definitions tied to specific program categories. A person may qualify under one definition without qualifying under the other.
Plain English — not legal advice.
Under HUD Handbook 4350.3 REV-1 CHG-4 § 2-23, operators of HUD-subsidized multifamily properties generally maintain a working familiarity with both sets of definitions. For civil rights and nondiscrimination purposes—including evaluating reasonable accommodation requests—compliant operators apply the Section 504 definition found in the Handbook's Glossary. For admission eligibility determinations, compliant operators apply the program-specific definitions set out in Chapter 3, Figure 3-6, which govern categories such as Section 202/8 or Section 811 PRAC projects and any disability-related set-asides within a property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HUD Handbook 4350.3 REV-1 CHG-4 § 2-23 means that a tenant or applicant may have civil rights protections—including the right to request a reasonable accommodation—even if they do not qualify as a person with disabilities for program eligibility purposes, and vice versa. Applicants who believe they have been incorrectly assessed under either definition may raise that concern as part of an informal hearing or grievance process at the property level. Tenant-rights organizations and HUD's fair housing resources can help individuals understand which definition applies to their particular circumstances and what general enforcement paths, such as filing a fair housing complaint, may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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