Understanding the Legal Definition of Person with Disabilities

Q: Can I receive housing assistance if I have a disability?

Yes, individuals with disabilities may qualify for various housing assistance programs.

Q: Are there specific forms I need to fill out?

Yes, there are specific forms for applying for housing assistance and other benefits, which can often be found through US Legal Forms.

Definition & Meaning

A person with disabilities is an individual who has a significant physical, mental, or emotional impairment that affects their ability to live independently. This definition includes those with long-term disabilities, developmental disabilities, and individuals with conditions such as acquired immunodeficiency syndrome (AIDS). Importantly, individuals are not classified as persons with disabilities solely based on drug or alcohol dependence.

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Legal Use & context

The term "person with disabilities" is used in various legal contexts, particularly in civil rights and housing law. It plays a crucial role in determining eligibility for housing assistance and protections under laws like the Fair Housing Act. Individuals can often manage their housing applications or seek accommodations using legal forms designed for this purpose, such as those provided by US Legal Forms.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A veteran who has a service-related injury that limits their mobility and requires modifications to their home may qualify as a person with disabilities.

Example 2: An individual with a long-term mental health condition that affects their daily functioning may also be recognized as a person with disabilities (hypothetical example).

Relevant laws & statutes

Key statutes that define and protect the rights of persons with disabilities include:

Social Security Act (42 USCS § 423)
Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 USCS § 15002)
Fair Housing Act

State-by-state differences

Examples of state differences (not exhaustive):

State	Key Differences
California	Strong protections under the California Fair Employment and Housing Act.
Texas	Specific programs for veterans with disabilities.
New York	Enhanced accessibility requirements in housing.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition
Person with Disabilities	An individual with significant impairments affecting daily living.
Disabled Person	Similar to "person with disabilities," but less preferred as it emphasizes the disability over the individual.
Developmental Disability	A specific category of disabilities that originate before age 22 and significantly limit daily functioning.

Common misunderstandings

Some people believe that all disabilities are visible. In reality, many disabilities are invisible, such as mental health conditions.
There is a misconception that individuals with disabilities cannot live independently. Many can and do thrive in independent living situations with the right support.
Another misunderstanding is that all individuals with disabilities require the same type of assistance. Each person's needs are unique.

What to do if this term applies to you

If you believe you qualify as a person with disabilities, consider the following steps:

Gather documentation of your disability from a qualified healthcare provider.
Research your rights under federal and state laws regarding housing and employment.
Explore legal forms and templates available through US Legal Forms to assist with applications for housing or benefits.
If your situation is complex, consider seeking advice from a legal professional.

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Quick facts

Typical fees: Varies by state and service.
Jurisdiction: Federal and state laws apply.
Possible penalties: Denial of housing assistance or legal action for discrimination.

Key takeaways

Frequently asked questions

What qualifies as a disability?

A disability is generally defined as a physical or mental impairment that substantially limits one or more major life activities.