HUD Handbook 4350.3 § 4-17

Placing Families with Disabled Family Members (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 9/24/2026FederalReasonable Accommodations/Modifications

Operative Text

HUD Handbook 4350.3 § 4-17
A.       An owner must not skip over a family that has reached the top of the list and has
                 indicated a need for certain unit accommodations because of a disability. If
                 separate waiting lists are used for persons with disabilities, they must also be
                 placed on the general waiting list and given the option of the next available unit if
                 they come to the top of the list.

        B.       The family must be given the opportunity to benefit from the program and decide
                 for itself, in compliance with Section 504, whether a unit meets the needs of the
                 family, based on size, location, or facilities. This means that the owner must
                 notify the household whenever any unit becomes available, without regard to unit
                 accessibility.

        C.       The applicant may decide to accept a standard unit, particularly when units
                 meeting the household’s needs are in short supply. The family may accept the
                 unit and request some modification to the unit as a reasonable accommodation.
                 (See further discussion of Section 504 requirements in Chapter 2, Section 3,
                 Subsections 4 and 5.)

        D.       Families who have a member who needs the accessibility feature of the unit take
                 priority to occupy accessible units over families with no disabled family members.

                 NOTE: See paragraph 2-32 for additional information on assigning accessible
                 units.
Source: Legislative text reproduced verbatim
Plain English

HUD Handbook 4350.3 REV-1 CHG-4 § 4-17 establishes rules for how owners of HUD-assisted housing must handle unit placement for families that include members with disabilities. Owners may not skip over such families on the waiting list simply because a unit lacks specific accessibility features; instead, every available unit must be offered and the family retains the right to decide whether it meets their needs. Families with a member who requires accessibility features have priority for accessible units over families without disabled members, and a family that accepts a standard unit may also request reasonable modifications under Section 504 of the Rehabilitation Act.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 25, 2026

Plain English — not legal advice.

For Property Managers

Under HUD Handbook 4350.3 REV-1 CHG-4 § 4-17, compliant operators notify every household at the top of the waiting list whenever any unit becomes available, regardless of whether that unit has accessibility features. Owners who maintain separate waiting lists for persons with disabilities also place those applicants on the general waiting list and offer them the next available unit when they reach the top. When accessible units do become available, operators give priority to families with a member who needs those accessibility features before offering the unit to families without disabled members.

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 § 4-17 gives families with disabled members the right not to be skipped over on a waiting list and the right to evaluate any available unit — regardless of accessibility — and decide for themselves whether it suits their needs. If a standard unit is accepted, a household may still request reasonable modifications to that unit as an accommodation under Section 504. Tenants or applicants who believe an owner has violated these placement rules may file a complaint with the U.S. Department of Housing and Urban Development or consult a tenant-rights organization for guidance on 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.

Effective Timeline

Current
Sep 24, 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

Source Information

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