HUD Handbook 4350.3 § 1-8
Handbook Waivers, Key Statutes, and Regulations (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
A. The procedures in this handbook are presented to ensure that the statutory,
regulatory, and contractual obligations regarding HUD-subsidized multifamily
housing are fulfilled. The HUD Multifamily HUB Director, or other designated
HUB or Field Office Multifamily Housing Official, may waive directives specified in
this handbook only if they are not formally required by statute or regulation.
B. Figure 1-2 lists the regulations and statutes that pertain to the key programs and
requirements covered in this handbook.
Figure 1-2: Regulations and *Authorities* for Key HUD Multifamily Housing Programs
A. Requirements Applicable Across All Programs
Requirement Regulation Statute
General HUD Program 24 CFR, part 5 Various statutes
Requirements
Title VI, Subtitle D of the 42 U.S.C. 13641
Housing and Community
Development Act of 1992
Fair Housing Act (Title VIII 24 CFR, part 100 42 U.S.C. 3601 et seq.
of the Civil Rights Act of 24 CFR, part 108
1968)
Title VI of the Civil Rights 24 CFR, part 1 42 U.S.C. 2000d et seq.
Act of 1964
Section 504 of the 24 CFR, part 8 29 U.S.C. 794
Rehabilitation Act of 1973
*Nondiscrimination and *24 CFR, part 107* *Executive Order 11063*
Equal Opportunity in
Housing*
*Collection of Data* *24 CFR, part 121* *Fair Housing Act*
*Economic Opportunities for *24 CFR, part 135* *12.U.S.C. 1701u*
Low and Very Low Income
Persons*
Age Discrimination Act of 24 CFR, part 146 42 U.S.C. 6101 et seq.
1975
Tenant Participation 24 CFR, part 245 12 U.S.C. 1715z-1b
Regulations
Figure 1-2: Regulations and *Authorities* for Key HUD Multifamily Housing Programs
B. Regulations and Statutes by Programs
Program Regulation Statute
Section 221(d)(3) BMIR 24 CFR, part 221 12 U.S.C. 1715(l); Section 221(d)(5) of
the National Housing Act
Section 236 24 CFR, part 236 12 U.S.C. 1715z-1; Section 236 of the
National Housing Act
Section 202 – Direct Loan 24 CFR part 891, subpart E 12 U.S.C. 1701(q); Section 202 of the
Housing Act of 1959
Section 202 – Capital 24 CFR part 891, subpart B 12 U.S.C. 1701(q); Section 202 of the
Advance Housing Act of 1959 as amended by
Section 801 of the Cranston-Gonzales
National Affordable Housing Act
Section 811 – Capital 24 CFR part 891, subpart C 42 U.S.C. 8013; Section 811 of the
Advance Cranston-Gonzales National Affordable
Housing Act
*Section 202/811 – Mixed *24 CFR part 891, subpart *12 U.S.C. 1701(q); Section 202 of the
Finance* F* Housing Act of 1959 as amended by
Section 801 of the Cranston-Gonzales
National Affordable Housing Act
42 U.S.C. 8013; Section 811 of the
Cranston-Gonzales National Affordable
Housing Act*
Section 8 New Construction 24 CFR, part 880 42 U.S.C. 1437(f)(b); Section 8(b) of the
United States Housing Act of 1937, as in
effect before October 1, 1983.
Section 8 Substantial Rehab 24 CFR, part 881 42 U.S.C. 1437(f)(b); Section 8(b) of the
United States Housing Act of 1937, as in
effect before October 1, 1983.
State Agency Section 8 24 CFR, part 883 42 U.S.C. 1437(f)(b); Section 8(b) of the
United States Housing Act of 1937.
RHS Section 515/8 24 CFR, part 884 42 U.S.C. 1437(f)(b); Section 8(b) of the
United States Housing Act of 1937.
Section 8 LMSA 24 CFR part 886, subpart A Not applicable.
Section 8 PDSA 24 CFR part 886, subpart C 42 U.S.C. 1437(f)(b); Section 8(b) of the
United States Housing Act of 1937.
Section 202/8 24 CFR part 891, subpart E 42 U.S.C. 1437(f)(g); Section 8(g) of the
United States Housing Act of 1937
PAC/PRAC 24 CFR, part 891 42 U.S.C. 8013(d)(2); Section 811 of the
Cranston-Gonzales National Affordable
Housing Act
Figure 1-2: Regulations and *Authorities* for Key HUD Multifamily Housing Programs
RAP 24 CFR part 236, subpart D 12 U.S.C. 1715z-1; Section 236 of the
National Housing Act
Rent Supplement 24 CFR, part 215 (currently 12 U.S.C. 1701(s); Section 101 of the
expired, but still in effect for Housing and Urban Development Act of
existing contracts per 24 1965
CFR 200.1302)HUD Handbook 4350.3 REV-1 CHG-4 § 1-8 establishes that the administrative procedures in the handbook exist to ensure compliance with statutory, regulatory, and contractual obligations governing HUD-subsidized multifamily housing. Certain handbook directives—those not rooted in formal statute or regulation—may be waived by the HUD Multifamily HUB Director or another designated official. The section also provides a reference table (Figure 1-2) mapping each major HUD multifamily housing program to its governing regulations and authorizing statutes, covering both cross-cutting requirements (such as fair housing and nondiscrimination) and program-specific rules.
Plain English — not legal advice.
Operators of HUD-subsidized multifamily properties should be aware that § 1-8 of HUD Handbook 4350.3 REV-1 CHG-4 identifies the full matrix of statutes and regulations that govern their programs, from the Fair Housing Act and Section 504 of the Rehabilitation Act to program-specific rules under Sections 8, 202, 811, 236, and others. Compliant operators generally maintain familiarity with both the cross-cutting requirements in Part A of Figure 1-2 and the program-specific citations in Part B that apply to their particular subsidy type. If a handbook directive appears to conflict with operational realities, only the HUD Multifamily HUB Director or a designated official has authority to grant a waiver—and only for provisions not mandated by statute or regulation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residents of HUD-subsidized multifamily housing benefit from a layered set of legal protections catalogued in § 1-8 of HUD Handbook 4350.3 REV-1 CHG-4, including the Fair Housing Act, Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, and tenant participation regulations under 24 CFR part 245, among others. Understanding which program covers a particular property—identifiable through Figure 1-2—can help tenants locate the specific regulations that apply to their housing situation. Tenants who believe these protections are not being honored may consider contacting the U.S. Department of Housing and Urban Development, a local HUD field office, or a tenant-rights organization for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 25, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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