HUD Handbook 4350.3 REV-1 CHG-4 — Occupancy Requirements of Subsidized Multifamily Housing Programs
HUD agency guidance (not codified law) on occupancy requirements for HUD-subsidized multifamily housing programs, including Section 8, Section 236, and related programs. Covers eligibility, income determination, lease requirements, termination, and the Enterprise Income Verification (EIV) system. Verified 2026-09-24 (794 pages, REV-1 CHG-4, November 2013).
Provisions (218)
§ 1-1
Purpose of This Handbook
§ 1-2
Programs Subject to This Handbook
§ 1-3
Background – Key Multifamily Subsidized Housing Programs
§ 1-4
Contract Administrators
§ 1-5
Principles for Addressing Overlapping Federal, State, and Local
§ 1-6
Handbook Organization
§ 1-7
Additional Program Resources
§ 1-8
Handbook Waivers, Key Statutes, and Regulations
§ 2-1
Introduction
§ 2-10
Title VI, Subtitle D of the Housing and Community Development Act of 1992
§ 2-11
Required Data and Record-Keeping
§ 2-12
Principles for Addressing Overlapping Federal, State, and Local
§ 2-13
Key Regulation
§ 2-14
General
§ 2-15
Unlawful Refusal to Rent or Negotiate for Rental
§ 2-16
Other Prohibited Rental Activities
§ 2-17
Discrimination in the Representation of Available Dwellings
§ 2-18
Discrimination in Terms, Conditions, Privileges, Services, and Facilities
§ 2-19
Discrimination in Marketing, Statements, and Notices
§ 2-2
Key Terms
§ 2-20
Retaliatory Occupancy Practices, Coercion, Intimidation, and Interference
§ 2-21
Key Regulations
§ 2-22
Introduction
§ 2-23
Definition of Persons with Disabilities for Civil Rights Protections versus
§ 2-24
Applicability
§ 2-25
Overview of Key Requirements
§ 2-26
Technical Resources
§ 2-27
Nondiscrimination in Owner Policies
§ 2-28
Coordinating Efforts to Comply with Section 504 Requirements
§ 2-29
Communications with Persons with Disabilities
§ 2-3
Key Regulations and Statute
§ 2-30
Information about Availability of Accessible Units
§ 2-31
Determining Eligibility of Applicants for Admission and Assistance
§ 2-32
Assigning Accessible Units
§ 2-33
Moving Tenants Who Require Special Features into Accessible Units
§ 2-34
Owner Self-Evaluation
§ 2-35
Owners’ Requirements for Providing Physical Accessibility
§ 2-36
Building Standards
§ 2-37
Limitations on Owners’ Obligations to Make Their Housing Physically
§ 2-38
General
§ 2-39
What Are Reasonable Accommodations?
§ 2-4
General Provisions
§ 2-40
Key Principles Regarding Reasonable Accommodations
§ 2-41
Reasonable Accommodations – Property Operations
§ 2-42
Reasonable Accommodations – Physical Alterations
§ 2-43
Limits on Obligations to Provide Reasonable Accommodations
§ 2-44
Assistance Animals as a Reasonable Accommodation
§ 2-45
Fair Housing Act Basic Accessibility Requirements
§ 2-46
Additional Fair Housing Act Requirement to Allow Tenant Modification of
§ 2-47
Owner and Tenant Responsibilities When Tenant Modifies Unit in
§ 2-48
Housing Discrimination Complaints
§ 2-49
Compliance Reviews
§ 2-5
Fair Housing Act, Title VIII of the Civil Rights Act of l968
§ 2-6
Title VI of the Civil Rights Act of 1964
§ 2-7
Age Discrimination Act of 1975
§ 2-8
Section 504 of the Rehabilitation Act of 1973
§ 2-9
Civil Rights Related Program Requirements
§ 3-1
Introduction
§ 3-10
Residence Criteria
§ 3-11
Consent and Verification Forms
§ 3-12
Restriction on Assistance to Noncitizens
§ 3-13
Determining Eligibility of Students for Assistance
§ 3-14
Key Regulations
§ 3-15
Program versus Project Eligibility
§ 3-16
Determining the Eligibility of a Remaining Member of a Tenant Family
§ 3-17
Definitions of Elderly and Disability Used to Determine Project Eligibility
§ 3-18
Eligibility Requirements for Admission to Elderly Projects, By Program
§ 3-19
Eligibility Requirements for Admission to Elderly Projects, By Program
§ 3-2
Key Terms
§ 3-20
Eligibility for Admission to Individual Section 202, Section 202/8, Section
§ 3-21
Applicants with Housing Choice Vouchers
§ 3-22
Eligibility of Single Persons
§ 3-23
Occupancy Standards
§ 3-24
Key Regulations
§ 3-25
Introduction
§ 3-26
Key Requirements
§ 3-27
Verification of Family Composition
§ 3-28
Verification of Family Type and Individual Status
§ 3-29
Verification of the Need for an Assistance Animal
§ 3-3
Key Regulations
§ 3-30
Verification of Income Eligibility
§ 3-31
*Verification* of Social Security Numbers
§ 3-32
Verification of Citizenship and Immigration Status
§ 3-33
Verifying Eligibility of a Student for Assistance
§ 3-4
Eligibility Determinations – General
§ 3-5
Key Program Eligibility Requirements
§ 3-6
Income Limits
§ 3-7
Exceptions to the Income Limits in Section 8 Projects
§ 3-8
Admitting Over-Income Applicants
§ 3-9
Disclosure of Social Security Numbers
§ 4-1
Introduction
§ 4-10
Key Regulations
§ 4-11
Summary of Key Requirements
§ 4-12
Affirmative Fair Housing Marketing
§ 4-13
Key Regulations
§ 4-14
Taking Applications for Occupancy
§ 4-15
Matching Applicants on the Waiting List to Available Units
§ 4-16
Creating and Maintaining Waiting Lists
§ 4-17
Placing Families with Disabled Family Members
§ 4-18
Documenting Changes to Waiting Lists
§ 4-19
Updating Waiting List Information
§ 4-2
Key Terms
§ 4-20
Removing Names from the Waiting List
§ 4-21
Reinstating Applicants to the Waiting List
§ 4-22
Record-Keeping
§ 4-23
General
§ 4-24
Applicant Interviews
§ 4-25
Applying Income Targeting Requirements in Section 8 Properties
§ 4-26
Verification of Preferences
§ 4-27
Implementing Screening Reviews
§ 4-28
Ensuring That Screening Is Performed Consistently
§ 4-29
Verifying the Need for Accessible Units
§ 4-3
Key Regulations
§ 4-30
Addressing Requests for Reasonable Accommodations
§ 4-31
Denial of Assistance to Noncitizens
§ 4-4
Tenant Selection Plan
§ 4-5
Income-Targeting – Applicable Only to the Section 8 Project-Based
§ 4-6
Preferences
§ 4-7
Screening for Suitability
§ 4-8
Prohibited Screening Criteria
§ 4-9
Rejecting Applicants and Denial of Rental Assistance
§ 5-1
Introduction
§ 5-10
Calculating Adjusted Income
§ 5-11
Key Regulations
§ 5-12
Verification Requirements
§ 5-13
Acceptable Verification Methods
§ 5-14
Identifying Appropriate Verification Sources
§ 5-15
Required Verification and Consent Forms
§ 5-16
Effective Term of Verifications
§ 5-17
Inconsistent Information Obtained Through Verifications
§ 5-18
Documenting Verifications
§ 5-19
Confidentiality of Applicant and Tenant Information
§ 5-2
Key Terms
§ 5-20
*Security of EIV Data
§ 5-21
Refusal to Sign Consent Forms
§ 5-22
Interim Recertifications
§ 5-23
Record-Keeping Procedures
§ 5-24
Key Regulations
§ 5-25
Calculating the Tenant Contribution for Section 8, PAC, PRAC, RAP, and
§ 5-26
Procedures for Determining Tenant Contribution for Section 8, PAC, PRAC,
§ 5-27
Calculating Assistance Payments for Authorized Police/Security Personnel
§ 5-28
Calculating Tenant Contribution for “Double Occupancy” in Group Homes
§ 5-29
Calculating Tenant Contribution for Section 236 and Section 221(d)(3)
§ 5-3
Key Regulations
§ 5-30
Determining Tenant Contribution at Properties with Multiple Forms of
§ 5-31
Procedures for Calculating Rent
§ 5-4
Key Requirements
§ 5-5
Methods for Projecting and Calculating Annual Income
§ 5-6
Calculating Income—Elements of Annual Income
§ 5-7
Calculating Income from Assets
§ 5-8
Key Regulations
§ 5-9
Key Requirements for Determining Adjusted Income
§ 6-1
Introduction
§ 6-10
Pet Rules
§ 6-11
Amending the Lease for Rent Changes
§ 6-12
Modifying the Lease
§ 6-13
Key Regulations
§ 6-14
Applicability
§ 6-15
Collection of the Security Deposit
§ 6-16
Security Deposits for Tenants Transferring to Another Unit
§ 6-17
Interest Earned on the Security Deposit
§ 6-18
Refunding and Use of the Security Deposit
§ 6-19
Key Regulations
§ 6-2
Key Terms
§ 6-20
Charges Prior to Occupancy
§ 6-21
Charges at Initial Occupancy
§ 6-22
Meal Program
§ 6-23
Charges for Late Payment of Rent
§ 6-24
Pet Deposits
§ 6-25
Other Charges During Occupancy
§ 6-26
Key Regulations
§ 6-27
Briefing with New Tenants
§ 6-28
Form of Payment
§ 6-29
Unit Inspections
§ 6-3
Key Regulations
§ 6-30
Documents to Be Provided to Tenants
§ 6-4
Leases,* Lease Amendments* and Lease Attachments – General
§ 6-5
Lease Requirements
§ 6-6
Lease Term
§ 6-7
Attachments to the Lease
§ 6-8
Lead-Based Paint Disclosure Form
§ 6-9
House Rules
§ 7-1
Introduction
§ 7-10
Key Requirements
§ 7-11
Owner Responsibilities
§ 7-12
Processing Interim Recertifications
§ 7-13
Effective Date of Interim Recertifications
§ 7-14
Key Regulations
§ 7-15
Key Requirements
§ 7-16
Unit Transfers Due to a Change in Family Composition
§ 7-17
Key Requirements
§ 7-18
Submission and Approval Process
§ 7-2
Key Terms
§ 7-3
Key Regulations
§ 7-4
Key Requirements
§ 7-5
Timing of Annual Recertifications
§ 7-6
Overview of Annual Recertification Procedures
§ 7-7
Notices to Tenants
§ 7-8
Effective Dates of Changes in Assistance Payment, Total Tenant Payment,
§ 7-9
Key Regulations
§ 8-1
Introduction
§ 8-2
Key Terms
§ 8-3
Key Regulations
§ 8-4
Applicability
§ 8-5
Key Requirements: When Assistance Must Be Terminated
§ 8-7
Termination of Assistance Related to Establishing Citizenship or Eligible
§ 8-8
Key Regulations
§ 8-9
Key Requirements
§ 9-1
Introduction
§ 9-2
Key Terms
§ 9-20
Security Training
§ 9-3
Key Regulations
§ 9-4
Introduction to the EIV System
§ 9-5
Mandatory Use of the EIV System
§ 9-6
EIV Data
§ 9-7
Key Regulations
§ 9-8
Using EIV Reports
§ 9-9