HUD Handbook 4350.3 § 2-18

Discrimination in Terms, Conditions, Privileges, Services, and Facilities (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)

HUD guidance — not codified law
In Force
Verified 11/9/2026 · Next check 11/16/2026
effective 9/29/2026FederalProtected Classes (Federal)

Operative Text

HUD Handbook 4350.3 § 2-18
A.      Owners must not deny or limit services based on race, color, religion, sex,
                disability, familial status, or national origin of the applicant, tenant, or a person
                associated with the applicant or tenant.

        B.      Prohibited activities include, but are not limited to, the following:

                1.      Using different requirements in leases. Examples include charging
                        different rents, charging different security deposits, or requiring persons
                        with disabilities who use electric wheelchairs or motorized scooters to
                        have personal liability insurance. (For more information about lease
                        requirements, see paragraph 6-5);

                        NOTE: This prohibition includes the use of different house rules for
                        different tenants. For instance, owners must not have more stringent
                        noise requirements for families with children than for families without
                        children.

2.     Failing to provide or delaying maintenance on rental units;

                 3.     Failing to process a rental offer;

                 4.     Limiting the use of privileges, services, or facilities associated with renting
                        a unit; and

                 5.     Denying or limiting services because the renter failed or refused to
                        provide sexual favors, or providing extra benefits to an individual in
                        exchange for the provision of sexual favors.

       C.        Federal discrimination laws generally prohibit housing providers from
                 implementing policies or practices that appear to be neutral on their face but
                 have a significant adverse or disproportionate impact on persons based on race,
                 color, religion, sex, national origin, familial status, or disability.
Source: Legislative text reproduced verbatim
Plain English

HUD Handbook 4350.3 REV-1 CHG-4 § 2-18 establishes that housing providers may not deny, limit, or vary the terms, conditions, privileges, services, or facilities of a rental based on race, color, religion, sex, disability, familial status, or national origin. The prohibition covers both overtly unequal treatment—such as charging different rents or security deposits to different groups—and policies that appear neutral on their face but produce a significant adverse or disproportionate impact on a protected class. Sexual harassment in the form of conditioning services on sexual favors, or rewarding tenants who provide them, is also explicitly prohibited under this section.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 30, 2026

Plain English — not legal advice.

For Property Managers

Under HUD Handbook 4350.3 REV-1 CHG-4 § 2-18, compliant operators apply uniform lease terms, security deposit amounts, house rules, and maintenance response timelines across all tenants regardless of protected class. Operators also review facially neutral policies—such as occupancy standards or insurance requirements—to assess whether they produce a disproportionate impact on any protected group before implementation. Maintenance requests, rental offers, and access to shared facilities are processed consistently, and staff are trained to understand that conditioning any service on sexual favors constitutes a prohibited act under this provision.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

HUD Handbook 4350.3 REV-1 CHG-4 § 2-18 gives tenants and applicants the right to receive the same lease terms, maintenance services, and access to facilities as similarly situated residents, without regard to race, color, religion, sex, disability, familial status, or national origin. If a tenant believes a landlord has applied different rules, delayed repairs selectively, or conditioned services on sexual favors, that conduct may constitute a fair housing violation that can be reported to the U.S. Department of Housing and Urban Development. Tenants may also explore filing a complaint with a local fair housing agency or consulting a tenant-rights organization to understand the range of options available under this provision.

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 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Expression #1
Sep 24, 2026
Current
Sep 29, 2026
Click on timeline segments to view historical versions.

References Out

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Related Rules

§ 5.105
§ 5.105 Other Federal requirements.
§ 8.50
§ 8.50 Assurances required.
§ 8.57
§ 8.57 Procedure for effecting compliance.

Source Information

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