HUD HCV Guidebook § 3.1.2
Disability under the HUD Program Definition (HUD HCV Guidebook)
Operative Text
The program definition of disability is used for the purposes of determining program eligibility, for example, in determining allowances and deductions for families with disabilities. However, a different definition of disability is used to determine whether a person is an individual with a disability under Federal civil rights laws.69 The HUD program definition of “person with disabilities”70 may be used for eligibility for designated housing and when reporting disability status on form HUD-50058 that is collected in the Public and Indian Housing Information Center (PIC) or successor system. The HUD program definition incorporates both the Social Security Administration definition of a person with disabilities found at 42 U.S.C. 423, and the definition of developmental disability in the Developmental Disabilities Assistance and Bill of Rights Act. Persons who have acquired immunodeficiency syndrome (AIDS) or any conditions arising from the AIDS virus are not excluded from this definition. The HUD program definition does not include a disability based solely on any drug or alcohol dependence.71
Section 3.1.2 of the HUD Housing Choice Voucher Guidebook establishes two distinct definitions of disability that apply in different contexts within the program. The 'HUD program definition' — which draws from Social Security Administration criteria and the Developmental Disabilities Assistance and Bill of Rights Act — governs eligibility determinations, allowances, deductions, and reporting on form HUD-50058. A separate definition applies when determining whether someone qualifies for protections under Federal civil rights laws. Notably, the HUD program definition covers conditions related to AIDS but excludes disabilities based solely on drug or alcohol dependence.
Plain English — not legal advice.
Under HUD Housing Choice Voucher Guidebook § 3.1.2, housing providers participating in the voucher program should be aware that the HUD program definition of disability governs how disability status is reported on form HUD-50058 and how eligibility for designated housing is assessed. Compliant operators recognize that this program definition is distinct from the disability definition used under Federal civil rights laws, which carries its own separate obligations. Keeping these two frameworks clearly distinguished helps ensure accurate reporting and appropriate administration of allowances and deductions for families with disabilities.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 3.1.2 of the HUD Housing Choice Voucher Guidebook means that the definition used to assess your eligibility for certain program benefits — such as deductions, allowances, or designated housing — may differ from the definition that determines your rights under Federal civil rights laws. Tenants who believe their disability status has been incorrectly assessed under either definition may raise that concern with their local Public Housing Authority or file a complaint with the U.S. Department of Housing and Urban Development. Tenant-rights organizations familiar with HUD voucher programs can help explain how these two definitions interact and what documentation may be relevant to a household's situation.
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.