HUD Handbook 4350.3 - Ch 2 Terms Flashcards
Accessible (FH Act)
When used with respect to the public and common use areas of a building containing covered multifamily dwellings, means that the public or common use areas of the building can be approached, entered, and used by individuals with physical impairments (handicaps).1
The phrase readily accessible to, and usable by, is
synonymous with accessible. A public or common use area that complies with the appropriate requirements of ICC/ANSI A117.1-2003, ICC/ANSI A117.1-1998, CABO/ANSI A117.1-1992, ANSIA117.1-1986 or a comparable standard is accessible within the
meaning of this paragraph. [24 CFR 100.201]
Accessible
Section 504
When used with respect to the design, construction, or alteration of a facility or a portion of a facility other than an individual dwelling unit, means that the facility or portion of the facility, when designed, constructed, or altered, can be approached, entered, and used by
individuals with a physical impairment (handicaps).1
The phrase accessible to, and usable by, is synonymous with accessible. [24 CFR8.3]
Accessible, when used with respect to the design, construction, or alteration of an individual dwelling unit, means that the unit is located on an accessible route and when designed, constructed, altered or adapted can be approached, entered, and used by individuals with a physical impairment (handicaps).1 A unit that is on an accessible route and is adaptable and otherwise in compliance with the standards set forth in 24 CFR 8.32 is accessible within the meaning of this paragraph. When a unit in an existing facility which is being made accessible as a result of alterations is intended for use by a specific qualified person with a disability (handicaps)1 (e.g., a current occupant
of such unit or of another unit under the control of the same recipient, or an applicant on a waiting list), the unit will be deemed accessible if it meets the requirements of applicable standards that address the
particular disability or impairment of such person. [24 CFR 8.3]
Accessible Route
FH Act
A continuous unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and
usable by people with other disabilities. Interior accessible routes may include corridors, floors, ramps, elevators, and lifts. Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps, and lifts. A route that complies with the appropriate requirements of ICC/ANSI A117.1-2003, ICC/ANSI A117.1-1998,CABO/ANSI A117.1-1992, ANSI A117.1-1986 or a comparable standard is an accessible route. [24 CFR 100.201]
Accessible Route
Section 504
A continuous unobstructed path connecting accessible elements and spaces in a building or facility that complies with the space and reach requirements of applicable standards prescribed by 24 CFR 8.32. An
accessible route that serves only accessible units occupied by persons with hearing or vision impairments need not comply with those requirements intended to effect accessibility for persons with mobility impairments. [24 CFR 8.3]
Adaptability
Section 504
The ability of certain elements of a dwelling unit, such as kitchen counters, sinks, and grab bars, to be added to, raised, lowered, or otherwise altered, to accommodate the needs of persons with or without disabilities (handicaps),1 or different types or degrees of disability. For example, in a unit adaptable for a hearing-impaired person, the wiring for visible emergency alarms may be installed, but the alarms need not be installed until such time as the unit is made ready for occupancy by a hearing-impaired person. [24 CFR 8.3]
Alteration
Section 504
Any change in a facility or its permanent fixtures or equipment. It includes, but is not limited to, remodeling, renovation, rehabilitation, reconstruction, changes or rearrangements in structural parts, and extraordinary repairs. It does not include normal maintenance or
repairs, reroofing, interior decoration, or changes to mechanical systems. [24 CFR 8.3]
Auxiliary Aids
Section 504
Services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities receiving Federal financial assistance. For example, auxiliary aids for persons with
impaired vision may include readers, Brailled materials, audio recordings, and other similar services and devices. Auxiliary aids for persons with impaired hearing may include telephone handset amplifiers, telephones compatible with hearing aids, telecommunications devices for deaf persons (TTYs), interpreters, note takers, written materials, and other similar services and devices. [24 CFR 8.3]
Disability (Handicap)1
(Section 504) [as
defined for Civil Rights
Protections]
Any condition or characteristic that renders an individual a person with disabilities (handicaps).1 [24 CFR 8.3]
Fair Housing Act
Title VIII of the Civil Rights Act, 42 U.S.C. 3601. The Fair Housing Act is a broad statute that prohibits discrimination based upon race, color, religion, sex, national origin, disability, or familial status in most
housing and housing-related transactions.
Familial Status
FH Act
One or more individuals (who have not attained the age of 18 years)being domiciled with:
- A parent or another person having legal custody of such individual or individuals (regardless of age or number of children); or
- The designee of such parent or other person having such custody, with the written permission of such parent or another person.
The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. [24 CFR 100.20]
Federal FinancialAssistance
Section 504
Any assistance provided or otherwise made available by the Department through any grant, loan, contract, or any other arrangement, in the form of:
- Funds;
- Services of Federal personnel; or
- Real or personal property or any interest in or use of such property, including:
a. Transfers or leases of the property for less than fair market value or for reduced consideration; and
b. Proceeds from a subsequent transfer or lease of the property if the Federal share of its fair market value is not returned to the Federal Government.
Federal financial assistance includes community development funds in the form of proceeds from loans guaranteed under Section 108 of the Housing and Community Development Act of 1974, as amended,
but does not include assistance made available through direct federal procurement contracts or payments made under these contracts or any other contract of insurance or guaranty. [24 CFR 8.3]
Federally Assisted Housing
Includes housing assisted under any of the following programs:
- Public housing;
- Housing receiving project-based or tenant-based assistance under Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f);
- Housing that is assisted under section 202 of the Housing Act of 1959, as amended by section 801 of the National Affordable Housing Act (12 U.S.C. 1701q);
- Housing that is assisted under section 202 of the Housing Act of 1959, as such section existed before the enactment of the National Affordable Housing Act;
Person with Disabilities
[as defined for Civil Rights Protections]
[NOTE: The definition of an individual or person with a disability in the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, and the Americans With Disabilities Act and their implementing regulations are generally similar. Section 504’s definition of disability
(handicap) is found at 29 U.S.C. 705 and 24 CFR 8.3. The Fair Housing Act definition is found at 24 CFR 100.201, and the ADA definition is found at 28 CFR 35.104.]
A person with a disability is any person who:
1. Has a physical or mental impairment that substantially limits one or more major life activities;
2. Has a record of such an impairment; or
3. Is regarded as having such an impairment.
The definition does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents the individual from participating in the program or activity in question, or
whose participation, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others.
As used in this definition, the phrase “physical or mental impairment” includes:
1. 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; or
2. 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; mental retardation; emotional illness; drug addiction; and alcoholism.
3. “Major life activities” means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. “Has a record of such an impairment” means has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more major life activities.
“Is regarded as having an impairment” means:
- Has a physical or mental impairment that does not substantially limit one or more major life activities but is treated by a person as constituting such a limitation;
- 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 that impairment; or
- Has none of the impairments defined in this section but is treated by a recipient as having such an impairment.
Prohibited Bases
Civil rights statutes establish the demographic categories by which discrimination is prohibited. HUD refers to these categories as “prohibited bases.” For instance, under the Fair Housing Act, the prohibited bases are race, color, religion, sex, national origin, familial status, and disability. It is more inclusive and explanatory than the term “protected classes,” because it does not categorize people into sets of classes (e.g., male, female, White, Black, Asian, Native American, Pacific Islander, Hispanic, Non-Hispanic, Christian, Jewish, Muslim, Buddhist).
Qualified Persons
with Disabilities
An individual with disabilities (handicaps)1 who meets the essential eligibility requirements for participation in, or receipt of benefits from, that program or activity. “Essential eligibility requirements” include stated eligibility requirements such as income as well as other explicit or implicit requirements inherent in the nature of the program or activity, such as requirements that an occupant of multifamily housing be capable of meeting the recipient’s selection criteria and be capable
of complying with all obligations of occupancy with or without supportive services provided by persons other than the recipient. For example, a chronically mentally ill person whose particular condition poses a significant risk of substantial interference with the safety or enjoyment of others or with his or her own health or safety in the absence of necessary supportive services may be “qualified” for
occupancy in a project where such supportive services are provided by the recipient as part of the assisted program. The person may not be “qualified” for a project lacking such services. [Relevant language
excerpted from 24 CFR 8.3]
