Person with Disabilities Law and Legal Definition

Pursuant to 25 USCS § 4103 (18) [Title 25. Indians; Chapter 43. Native American Housing Assistance and Self-Determination], the term person with disabilities means “a person who--

(A) has a disability as defined in section 223 of the Social Security Act [42 USCS § 423];

(B) is determined, pursuant to regulations issued by the Secretary, to have a physical, mental, or emotional 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

(C) has a developmental disability as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 USCS § 15002].

Such term shall not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. Notwithstanding any other provision of law, no individual shall be considered a person with disabilities, for purposes of eligibility for housing assisted under this Act, solely on the basis of any drug or alcohol dependence. The Secretary shall consult with other appropriate Federal agencies to implement the preceding sentence.”