HUD Handbook 4350.3 § 3-22

A.          HUD does not restrict the admission of single persons to assisted housing.

          B.          Section 8 Housing Limited to Single Sex Occupancy

                      1.     Established HUD policy has traditionally allowed universities to separate
                             students according to gender and to provide separate bathroom facilities
                             by gender based on compelling privacy reasons. See implementing
                             regulations to Title IX of the Education Amendments of 1972, as
                             amended, 45 C.F.R. Sections 86.32 and 86.33.

                      2.     The Department also believes that in certain other limited circumstances,
                             limiting occupancy of Section 8 programs to members of one sex may not
                             violate the Fair Housing Act, although the legality of the practice is not
                             settled.

                             a.      The Department is aware that under Section 42 of the Internal
                                     Revenue Code, housing “must be for use by the general public” to
                                     receive Federal low-income housing tax credits. Under Internal
                                     Revenue Service interpretations, a housing facility will be deemed
                                     to qualify as being “for use by the general public” if it does not
                                     violate any HUD policy governing nondiscrimination as expressed
                                     in a HUD handbook. This Handbook should not be construed to
                                     ban single sex facilities, since the issue as to whether limiting
                                     housing to one sex is permissible depends on the facts and
                                     circumstances of the particular case.

b.      The Department does not interpret the Internal Revenue Code to
                                   require housing providers to obtain a certification from HUD that
                                   they are operating in compliance with nondiscrimination
                                   requirements as a prerequisite to obtaining the tax credit or as
                                   authorizing or requiring HUD to issue such certifications. This
                                   Handbook should not be construed to suggest that facilities which
                                   have received the tax credit in the past are operating in violation of
                                   the Fair Housing Act. However, assisted housing providers who
                                   wish to do so, may contact HUD Field Office personnel for
                                   guidance on the applicability of the Fair Housing Act to their
                                   particular housing facility.

                           c.      Guidance provided by the Department would evidence a staff
                                   opinion, based on the information provided at that time, whether
                                   the housing facility is operating in accordance with HUD policy
                                   governing nondiscrimination as expressed in the HUD handbooks.

                           d.      However, if a complaint of discrimination were to be filed with
                                   HUD alleging that the policy is discriminatory, such guidance
                                   would not preclude the Department from determining that the
                                   policy is discriminatory, since such a determination can only be
                                   made by the responsible HUD officials after a full investigation
                                   based on all facts and circumstances. In addition, it should be
                                   noted that such guidance cannot insulate housing providers from
                                   potential private suits by persons who may feel aggrieved by the
                                   policy.