HUD HCV Guidebook § 3.1

There are different definitions of disability that are used by PHAs. For purposes of compliance with Federal
nondiscrimination requirements, the PHA must use the definitions under the civil rights statutes (i.e., the Fair
Housing Act, Section 504, and the ADA). For other purposes of program administration, the PHA must use the
definition in the program regulations. It is important to note that the definitions serve different purposes, and

61 24 CFR 5.2009(a).
62 24 CFR 5.2009(b) codifies the existing requirement per the 2013 reauthorization. HUD notes, for future reference, that in 2016,
the Justice for All Reauthorization Act (Pub. L. 114-324, 130 Stat. 1948) amended VAWA by clarifying VAWA's lease bifurcation
provisions, including adding certain rights not just for tenants, but, more broadly, for residents with respect to establishing eligibility or
finding other housing following a lease bifurcation. HUD’s existing VAWA regulations implement VAWA as amended only through its
2013 reauthorization, and therefore only define the reasonable time period for tenants. HUD has explained that it intends to
implement changes to VAWA by the Justice for All Reauthorization Act of 2016 in its rulemaking implementing VAWA 2022. 88 Fed.
Reg. 321, 322; 42 U.S.C. 1436a(d)(4)(A); see also Violence Against Women Reauthorization Act of 2013 Guidance, PIH-2017-08 (HA),
Section 17.

Fair Housing and Nondiscrimination Requirements                                                                                 15
US Department of Housing and Urban Development                                                                          April 2025

the definition used in program regulations cannot be used for purposes of compliance with fair housing and
civil rights requirements.63