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Your housing rights
- Fair Housing Act: bans disability discrimination in nearly all housing and requires reasonable accommodations and modifications.
- Section 504 of the Rehabilitation Act: applies to federally funded housing; requires accessible units and providers to pay for structural changes unless an undue burden.
- Americans with Disabilities Act: covers public entities (such as housing authorities) and public areas like rental offices.
- Olmstead: the Supreme Court held that unjustified institutionalization is discrimination, which drives state efforts to fund community housing.
See reasonable accommodations and modifications.
Programs for people with disabilities
| Program | What it is | How to access |
|---|---|---|
| Housing Choice Vouchers | General program; disability-related deductions and preferences often apply | Housing authority waiting list |
| Mainstream vouchers | Vouchers for households with a member age 18–61 with a disability | Housing authority list; some agencies prioritize people leaving institutions or homeless |
| Non-Elderly Disabled (NED) vouchers | Similar targeting, often for people transitioning from institutions | Housing authority |
| Section 811 Project Rental Assistance (PRA) | Rental assistance in affordable developments for extremely low-income adults with disabilities, linked to state services | State housing agency and Medicaid/disability agency referral |
| Section 811 capital advance / PRAC properties | Supportive housing properties for very low-income adults with disabilities | Apply at the property |
| Public housing | Includes some buildings designated for elderly and disabled residents | Housing authority |
| Permanent supportive housing | Long-term rental assistance plus services for people with disabilities who are homeless | Coordinated entry; see PSH guide |
| State and Medicaid housing supports | Transition funds, tenancy supports, and some state rental subsidies | State Medicaid agency, managed care plan, disability agency |
| HOPWA | Housing help for people living with HIV | See HOPWA |
Rent and income rules that help
In HUD programs, a household whose head, co-head, or spouse has a disability is an elderly or disabled family, which means:
- A $550 deduction (2026 HOTMA value) from annual income for a qualifying elderly or disabled family; having any household member with a disability does not automatically establish eligibility
- Eligible elderly or disabled families may deduct qualifying unreimbursed medical expenses above the applicable threshold. The standard HOTMA threshold is 10%; transition and hardship rules can change it
- Disability assistance expenses (attendant care, equipment) that let someone work can be deducted
- Earnings of a live-in aide aren’t counted
- ABLE accounts are excluded from assets
Example: SSI of $994/month ($11,928/year) − $550 deduction = $11,378 adjusted income. 30% ÷ 12 ≈ $284/month total tenant payment (before any medical deductions or utility allowance).
Finding accessible housing
- Federally assisted new construction must generally make at least 5% of units accessible for people with mobility disabilities and 2% for people with hearing or vision disabilities.
- Covered multifamily buildings with four or more units first occupied after March 13, 1991 must meet Fair Housing Act design requirements; generally all units in elevator buildings and ground-floor units in buildings without elevators are covered. Requirements include (accessible routes, usable doors, reinforced bathroom walls for grab bars, and so on).
- Ask specific questions: step-free entrance? door widths? roll-in shower? elevator reliability? visual alarms? parking?
- Housing agencies must offer accessible units first to households that need the features.
- State housing finance agencies and some cities run accessible housing registries.
SSI, SSDI, and housing
- SSI and in-kind support: if someone else pays your shelter costs, SSI may be reduced. Food no longer counts (since September 30, 2024), but shelter does. Paying your pro-rata share of rent and utilities can prevent reductions.
- SSI resource limit: $2,000 for an individual ($3,000 for a couple). Your home isn’t counted. ABLE accounts up to $100,000 are excluded.
- SSDI has no asset limit, but counts as income for housing programs.
- Work incentives: earnings can affect rent; talk to a benefits counselor (Work Incentives Planning and Assistance program) before taking a job.
Getting help
- Centers for Independent Living: peer-run organizations that help with housing searches, accommodations, and transitions
- Protection and Advocacy agencies: legal help for disability rights violations
- Area Agencies on Aging / Aging and Disability Resource Centers: services and housing referrals
- Fair housing organizations: discrimination complaints
- State housing finance agency: Section 811 PRA and accessible housing lists
- Legal aid
Tips for applying
- Apply to general and targeted lists at the same time.
- Indicate disability on applications when it affects preferences or deductions.
- Ask for reasonable accommodations in the application process if needed (help with forms, reminders, an advocate as contact).
- Name an alternate contact on form HUD-92006 so the agency can reach you through someone else.
- Keep documentation of disability status ready (SSI/SSDI award letter or professional verification).
Frequently asked questions
Is there special Section 8 for people with disabilities?
Yes—Mainstream vouchers (for households with a member age 18–61 with a disability) and Non-Elderly Disabled (NED) vouchers work like regular Section 8 but are set aside for people with disabilities. Many housing agencies also give a disability preference on their regular lists.
How much rent will I pay on SSI?
In most HUD-subsidized housing, about 30% of adjusted income. With the 2026 SSI federal benefit of $994 a month and the $550 elderly/disabled deduction under HOTMA rules, a person with no other income and no medical deductions would pay roughly $284 a month toward rent and utilities.
Does living with family affect my SSI?
It can. If someone else pays your rent or shelter costs, SSA may reduce your SSI for in-kind support and maintenance (ISM). Since September 30, 2024, food is no longer counted as ISM, but shelter help still is. Paying your share of household shelter costs can help avoid a reduction.
Can I have an ABLE account and still get housing assistance?
Yes. ABLE accounts are excluded from net family assets under HUD’s HOTMA rules, and ABLE distributions for qualified disability expenses generally aren’t counted as income for HUD programs.
What if I need a live-in aide?
Request it as a reasonable accommodation. A live-in aide’s income isn’t counted, the aide has no right to the unit if you leave, and the housing agency can approve an extra bedroom.
I’m in a nursing home and want to move out. What help exists?
Ask about your state’s Money Follows the Person or transition program, Medicaid home and community-based services, NED and Mainstream vouchers (some are reserved for people leaving institutions), and Section 811 Project Rental Assistance. Your nursing facility’s social worker and local Center for Independent Living can help.
Sources and verification
Use these sources to check program rules. Funding, openings, and local procedures must be confirmed with the agency handling your application.
Update note (2026-10-01): Corrected a worked-example inconsistency and clarified disability deductions and Fair Housing Act design coverage.
- PIH 2026-15: HOTMA implementation and deductionsHUD
- Housing and disabilityU.S. Department of Housing and Urban Development
- Section 811 Supportive Housing for Persons with DisabilitiesU.S. Department of Housing and Urban Development
- Mainstream vouchersU.S. Department of Housing and Urban Development
- Home and community-based servicesCenters for Medicare & Medicaid Services
- SSI in-kind support and maintenanceSocial Security Administration
- 2026 Cost-of-Living Adjustment fact sheetSocial Security Administration
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