HUD Handbook 4350.3 § 3-22
Eligibility of Single Persons (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
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.HUD Handbook 4350.3 REV-1 CHG-4 § 3-22 establishes that HUD places no blanket restriction on single persons accessing assisted housing. The provision also addresses a narrow and legally unsettled question about whether Section 8 housing limited to one sex can be permissible under the Fair Housing Act, noting that the answer depends on the specific facts and circumstances of each situation. Importantly, any informal guidance HUD staff might offer on this topic does not shield a housing provider from a formal discrimination finding or from private lawsuits brought by aggrieved individuals.
Plain English — not legal advice.
Under HUD Handbook 4350.3 REV-1 CHG-4 § 3-22, operators of assisted housing generally do not impose restrictions on single persons as a category of applicants. Providers considering any single-sex occupancy arrangement should be aware that the legal permissibility of such a policy under the Fair Housing Act remains unsettled, and that HUD Field Office personnel can be contacted for informal staff guidance — though that guidance does not constitute a formal clearance or protection against complaints or private litigation. Compliant operators typically document their nondiscrimination policies carefully and remain attentive to evolving HUD interpretations on this issue.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HUD Handbook 4350.3 REV-1 CHG-4 § 3-22 affirms that single persons cannot be categorically excluded from assisted housing programs. If a tenant or applicant believes they have been denied housing or treated differently based on sex or single-person status, they may file a complaint with HUD, which would then conduct a full investigation based on all facts and circumstances. Tenant-rights organizations can help individuals understand whether a particular housing policy may implicate the Fair Housing Act and what general options exist for raising such concerns.
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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