Page:United States Statutes at Large Volume 104 Part 5.djvu/1008

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104 STAT. 4330 PUBLIC LAW 101-625—NOV. 28, 1990 Regulations. development of a larger project. Not more than 1 home may be located on any one site and no such home may be located on a site contiguous to another site containing such a home. (2) The term "person with disabilities" means a household composed of one or more persons at least one of whom is an adult who has a disability. A person shall be considered to have a disability if such person is determined, pursuant to regulations issued by the Secretary to have a physical, mental, or emotional impairment which (A) is expected to be of longcontinued and indefinite duration, (B) substantially impedes his or her ability to live independently, and (C) is of such a nature that such ability could be improved by more suitable housing conditions. A person shall also be considered to have a disability if such person has a developmental disability as defined in section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001-7). The Secretary shall prescribe such regulations as may be necessary to prevent abuses in determining, under the definitions contained in this paragraph, the eligibility of families and persons for admission to and occupancy of housing assisted under this section. Notwithstanding the preceding provisions of this paragraph, the term "person with disabilities" includes two or more persons with disabilities living together, one or more such persons living with another person who is determined (under regulations prescribed by the Secretary) to be important to their care or well-being, and the surviving member or members of any household described in the first sentence of this paragraph who were living, in a unit assisted under this section, with the deceased member of the household at the time of his or her death. (3) The term "supportive housing for persons with disabilities" means housing that— (A) is designed to meet the special needs of persons with disabilities, and (B) provides supportive services that address the individual health, mental health or other special needs of such persons. (4) The term "independent living facility" means a project designed for occupancy by not more than 20 persons with disabilities in separate dwelling units where each dwelling unit includes a kitchen and a bath. (5) The term "owner" means a private nonprofit organization that receives assistance under this section to develop and operate a project for supportive housing for persons with disabilities. (6) The term "private nonprofit organization" means any incorporated private institution or foundation— (A) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; (B) which has a governing board (i) the membership of which is selected in a manner to assure that there is significant representation of the views of persons with disabilities, and (ii) which is responsible for the operation of the housing assisted under this section; and (C) which is approved by the Secretary as to financial responsibility. (7) The term "State" includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States.