HUD HCV Guidebook § 3.1
Who is an Individual with a Disability? (HUD HCV Guidebook)
Operative Text
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
HUD Housing Choice Voucher Guidebook § 3.1 establishes that Public Housing Authorities (PHAs) must apply different definitions of disability depending on the context. When complying with federal civil rights and nondiscrimination laws — including the Fair Housing Act, Section 504, and the ADA — PHAs are required to use the definitions found in those civil rights statutes. For other program administration purposes, PHAs use the definition found in program regulations, but that regulatory definition cannot be substituted for the civil rights definitions when nondiscrimination compliance is at issue.
Plain English — not legal advice.
Under HUD Housing Choice Voucher Guidebook § 3.1, housing providers participating in the voucher program should be aware that PHAs operate under multiple, context-specific definitions of disability. When a PHA evaluates a reasonable accommodation request or assesses fair housing compliance, it applies the civil rights statutes' definitions — not the program regulation definition. Operators generally ensure their own nondiscrimination policies align with the Fair Housing Act, Section 504, and ADA standards, recognizing that using the wrong definition in a civil rights context can constitute a compliance failure.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HUD Housing Choice Voucher Guidebook § 3.1 means that a PHA cannot use a narrower program-regulation definition of disability to deny you rights that the Fair Housing Act, Section 504, or the ADA would otherwise protect. If you believe a PHA has applied the wrong definition of disability when evaluating a reasonable accommodation request or a nondiscrimination claim, that may constitute a civil rights violation. Tenants in this situation can raise the issue as a defense in administrative proceedings, file a fair housing complaint with HUD, or reach out to a local tenant-rights organization for general information about available options.
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 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.