• Individual with Disabilities: The term disability is considered equivalent to the term
handicap. Eligibility requirements for fully accessible units are contained in 7 CFR
3560.154(g)(1)(i) and 3560.155(b). A person is considered to have a disability if
either of the following two situations occur:
(1) As defined in section 501(b) of the Housing Act of 1949. The person is the head
of household (or his or her spouse) and is determined to have an impairment which:
(i) Is expected to be of long-continued and indefinite duration;
(ii) Substantially impedes his or her ability to live independently; and
(iii) Is of such a nature that such ability could be improved by more suitable
housing conditions, or if such person has a developmental disability as
defined in section 102(7) of the Developmental Disability and Bill of
Rights Act (42 U.S.C. 6001(7)).
(2) As defined in the Fair Housing Act; the Americans with Disabilities Act; and
section 504 of the Rehabilitation Act of 1973. The person has a physical or mental impairment which substantially limits one or more of such person's major life
activities; a record of such impairment; or being regarded as having such an
impairment. The term does not include current, illegal use of or addiction to a
controlled substance. As used in this definition, physical or mental impairment
includes:
(i) Any physiological disorder or condition, cosmetic disfigurement, or
anatomical loss affecting one or more of the following body systems:
neurological; musculoskeletal; special sense organs; respiratory, including speech
organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and
lymphatic; skin; and endocrine;
(ii) Any mental or psychological disorder, such as mental retardation, organic
brain syndrome, emotional or mental illness, and specific learning disabilities.
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, mental
retardation, emotional illness, drug addiction (other than addiction caused by
current, illegal use of a controlled substance), and alcoholism;
(iii) Major life activities means functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning, and
working;
(iv) Has a record of such an impairment means has a history of, or has been
misclassified as having, a mental or physical impairment that substantially limits
one or more major life activities;
(v) Is regarded as having an impairment means:
(A) Has a physical or mental impairment that does not substantially limit
one or more major life activities but that is treated by the borrower or
management agent as constituting such a limitation;
(B) Has a physical or mental impairment that substantially limits one or
more major life activities only as a result of the attitudes of others toward
such impairment; or
(C) Has none of the impairments described in this definition but is treated
by another person as having such an impairment.
