Housing
For Providers
What is the Legal Definition of a Disability?
Say the word “disability,” and people often think of the most obvious types of disabilities – mobility impairments that require a person to use a wheelchair to move around, or perhaps visual or hearing impairments. But disabilities may be physical or cognitive, may be readily observed or “hidden” (such as epilepsy, arthritis, and diabetes), and may result from a variety of causes.
The definition of disability set forth in the Americans with Disabilities Act of 1990 (ADA) does not distinguish between type, severity, or duration of the disability. It states:
“The term ‘disability’ means, with respect to an individual –
| (a) | a physical or mental impairment that substantially limits one or more of the major life activities of such individual; | |
| (b) | a record of such impairment; or | |
| (c) | being regarded as having such an impairment.” (P.L. 101-336, Sec. ) |
The ADA definition is an inclusive definition that tends to capture both the largest and broadest estimate of people with disabilities. It describes a disability as a condition which limits a person’s ability to function in major life activities – including communication, walking, and self-care (such as feeding and dressing oneself) – and which is likely to continue indefinitely, resulting in the need for supportive services.
The United States Census Bureau also uses a broad definition of disability. Starting with the ADA definitions, the Census Bureau then expands its definition to identify people 16 years old and over as having disability if they meet any of the following criteria:
- used a wheelchair or were a long-term user of a cane, crutches, or a walker;
- had difficulty performing one or more functional activities, including seeing, hearing, speaking, lifting/carrying, using stairs, or walking;
- had difficulty with one or more activities of daily living (ADLs), including getting around inside the home, getting in or out of bed or a chair, bathing, dressing, eating, and toileting;
- had difficulty with one or more instrumental activities of daily living (IADLs), including going outside the home, keeping track of money and bills, preparing meals, doing light housework, taking prescription medication in the right amount at the right time, and using the telephone;
- had one or more specified conditions, including a learning disability, mental retardation or another developmental disability, Alzheimer’s disease, or some other type of mental or emotional condition;
- were limited in their ability to do housework;
- were 16 to 67 years old and limited in their ability to work at a job or business; and were receiving federal benefits based on an inability to do work.
Even the Census Bureau’s definition is limited by including only civilian, non-institutionalized persons 16 years old and over – excluding children, military personnel and people who have been institutionalized – and by excluding many “hidden” disabilities, such as epilepsy, arthritis, and diabetes.
The U.S. Department of Housing and Urban Development (HUD) utilizes yet another definition of “disability” in determining eligibility for certain targeted housing programs. Vouchers made available through such programs must be used by people with disabilities in households that qualify as “disabled households” according to HUD regulations. HUD has specific definitions for a person with a disability and for a disabled household:
- A person with a disability is defined as an individual who:
- has a disability as defined in Section 223 of the Social Security Act; OR
- is determined to have a physical, mental, or emotional impairment which is:
- expected to be of long, continued and indefinite duration; AND
- substantially impedes his or her ability to live independently; AND
- is of such a nature that such ability could be improved by more suitable housing conditions; OR
- has a developmental disability as defined in Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act.
This definition includes persons who have the disease of acquired immunodeficiency syndrome. Likewise, for the purposes of qualifying for targeted housing assistance, this definition excludes a person whose disability is based solely on any drug or alcohol dependence.
-
A disabled household is defined as a family whose head, spouse, or sole member is an adult with a disability. Disabled households can be:
- a single individual with a disability living alone;
- a related family in which the head of household or spouse is a disabled person;
- two or more related adults with disabilities living together;
- two or more unrelated adults with disabilities living together; or
- one or more unrelated adults with disabilities living with one or more live-in aides.
Generally, disabilities fall into the following types:
Mobility Impairment
Mobility impairment refers to the inability of a person to use one or more of his/her extremities, or a lack of strength to walk, grasp, or lift objects. The use of a wheelchair, crutches, or a walker may be utilized to aid in mobility.
Cognitive Impairment
A cognitive impairment affects a person’s ability to reason, understand, and learn. Cognitive disabilities are separated into two categories: learning disabilities and mental retardation.
Hearing Impairment
Hearing impairments range from a mild hearing loss to total deafness. Those who are hard of hearing often use their residual hearing and lip read when communicating face-to-face. People who are deaf may use American Sign Language or lip-read, and may speak for themselves or use a sign-language interpreter.
Visual Impairment
A visual impairment affects a person’s ability to see, and includes: (1) inability to see images clearly and distinctly; (2) loss of visual field; (3) inability to detect small changes in brightness; (4) color blindness; and (5) sensitivity to light. A cane or sight dog may be used to assist with mobility, and/or Braille may be used to read.
Speech Impairment
Speech impairments range from problems with articulation or voice strength to complete voicelessness. People with speech impairments may have difficulty in projection, articulation and fluency. Some people with speech impairments may use assistive devices or an interpreter to communicate.