HUD Handbook 4350.3 § 2-31

Determining Eligibility of Applicants for Admission and Assistance (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 9/29/2026FederalReasonable Accommodations/Modifications

Operative Text

HUD Handbook 4350.3 § 2-31
A.        In applying the nondiscrimination requirements of Section 504 and the Fair
                 Housing Act regarding persons with disabilities, owners must ensure that the
                 policies used at properties covered by this section are consistent with the
                 requirements in this paragraph and paragraphs 2-32 and 2-33 below.

       B.        Owners must determine the eligibility of each applicant on a case-by-case basis.

       C.        Owners must admit applicants in accordance with the eligibility requirements of
                 the particular program/project. (See Chapter 3.)

       D.        Owners must uniformly apply the eligibility and tenant selection criteria to all
                 applicants. (See Chapter 4.)

Nondiscrimination and Promote Accessibility

E.       Owners must not make certain inquiries to determine eligibility.

                  1.       The Fair Housing Act regulations state that it is unlawful for an owner to
                           inquire:

                           a.       Whether an applicant for a dwelling, a person intending to reside
                                    in a dwelling after it becomes available, or anyone associated with
                                    an applicant or resident, has a disability; or

                           b.       As to the nature or severity of a disability of such person(s).

                  2.       Owners may, however, make the following inquiries, provided these
                           inquiries are made of all applicants, whether or not they are persons with
                           disabilities:

                           a.       Inquiry into an applicant’s ability to meet the requirements of
                                    tenancy; and

                           b.       Inquiry to determine if an applicant is a current illegal abuser or
                                    addict of a controlled substance.

                  3.       Some properties may be lawfully restricted to persons with disabilities in
                           general, or to persons that fall within one or more of three categories of
                           disability (i.e., physical disability, developmental disability, chronic mental
                           illness), such as Section 811 PRAC properties or Section 202 Direct Loan
                           properties. Owners of such properties may make inquiries of all
                           applicants to determine whether:

                           a.       An applicant qualifies for the housing that is available only to
                                    persons with disabilities, or to members of the category of
                                    disability served by the project; and

                           b.       An applicant qualifies for a priority available to persons with
                                    disabilities or to persons with a particular category of disability.

                  4.       It is unlawful for an owner to make inquiries designed to determine
                           whether an applicant may live independently.

                  5.       It is a good practice for a property’s rental application to define “disability”
                           per program requirements and then ask if the applicant qualifies as a
                           person with disabilities under that definition. The application should also
                           advise all tenants that if they have a disability, and need a reasonable
                           accommodation in order to participate in the application process or to
                           make effective use of the housing program, they have the right to request
                           such an accommodation. The application should define reasonable
                           accommodation and explain the process by which the housing provider
                           will consider requests for reasonable accommodations.
                                                                  Nondiscrimination and Promote Accessibility

6.     For a discussion of applicable marketing, application, and screening
                        practices, see Chapter 4.

             Example – What Owners May Ask or Must Not Ask Applicants Applying
                                   for Accessible Units
            An owner offers accessible units to persons needing the features of these
            units on a priority basis. The provider may ask applicants whether they have
            a disability such that they will benefit from the features of the units, but may
            not in such circumstances ask applicants whether they have other types of
            impairments.

F.        Owners may verify a person’s disability but must adhere to certain verification
                 guidelines.

                 1.     The owner may verify a person’s disability only to the extent necessary to
                        document that applicants:

                        a.       Are qualified for the housing for which they are applying **(see
                                 Figure 3-5 on determining project eligibility and Figure 3-6 for
                                 applicable disability definitions by program type):**

                        b.       Are qualified for deductions used in determining adjusted income;

                        c.       Are entitled to any preference they may claim;

                        d.       Who have requested a reasonable accommodation have a
                                 disability-related need for the requested accommodation or
                                 modification; and

                        e.       Need the design features of the unit.

                 2.     Owners may not require applicants to provide access to confidential
                        medical records in order to verify a disability.

                 3.     Additional information on verifying eligibility of persons with disabilities
                        can be found in paragraph **3-28** B and in **Appendix 6**.
Source: Legislative text reproduced verbatim
Plain English

HUD Handbook 4350.3 REV-1 CHG-4 § 2-31 establishes how owners of covered HUD-assisted properties must handle applicant eligibility determinations, particularly regarding disability. The rule requires that each applicant be evaluated individually and that eligibility criteria be applied uniformly to everyone. It also draws clear lines around what disability-related questions are permitted or forbidden under the Fair Housing Act and Section 504, and limits disability verification to only what is necessary for specific, defined purposes.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Under § 2-31, compliant operators evaluate each applicant individually and apply the same eligibility and tenant selection criteria to all applicants without exception. Rental applications at covered properties generally define 'disability' per program requirements, explain the reasonable accommodation process, and avoid any inquiry into whether an applicant has a disability or its nature or severity. When verifying disability, operators limit their requests to information strictly necessary for the purposes enumerated in § 2-31(F)—such as confirming program eligibility or a need for reasonable accommodation—and do not seek access to confidential medical records.

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

For Tenants

Section § 2-31 of HUD Handbook 4350.3 REV-1 CHG-4 gives applicants for HUD-assisted housing the right to be evaluated on a case-by-case basis without being asked about the existence or severity of any disability. If an owner asks questions that appear to violate these boundaries, tenants may raise that as a fair housing concern. Potential enforcement paths include filing a complaint with the U.S. Department of Housing and Urban Development or consulting a local tenant-rights organization familiar with Section 504 and Fair Housing Act protections.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Expression #1
Sep 24, 2026
Current
Sep 29, 2026
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Related Rules

§ 966.7
§ 966.7 Accommodation of persons with disabilities.
§ 982.316
§ 982.316 Live-in aide.
§ 2.6
Titles II and III of the Americans with Disabilities Act of 1990

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