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Cate Tracz

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Comments and input are requested on the following proposed change:

Persons with Disabilities Definition

TDHCA is proposing to more closely align the “Households with Disabilities” definition to the ADA Persons with Disabilities definition to maintain consistency with federal regulations. Input is requested on this more streamlined and current definition. The current definition in 10 TAC §1.15 is as follows:

(9) Persons with Disabilities--A household composed of one or more persons, at least one of whom is an individual who is determined to: 
    (A) Have a physical, mental, or emotional impairment that:
          (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 the disability could be improved by more suitable housing conditions; or 
    (B) Have a developmental disability, as defined in §102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001-6007); or
    (C) Be the surviving member or members of any family that had been living in an assisted unit with the deceased member of the family who had a disability at the time of his or her death; or
    (D) Be legally responsible for caring for an individual described by subparagraphs (A) or (B) of this paragraph.

The proposed new definition is as follows:

(3) Households with Disabilities--A household composed of one or more persons, at least one of whom is an individual who is determined to have a physical or mental impairment that substantially limits one or more major life activities; or having a record of such an impairment; or being regarded as having such an impairment. Included in this meaning is the term handicap as defined in the Fair Housing Act or as defined by other applicable federal or state law.

Do you have any comments regarding this proposed change?

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