HUD Handbook 4350.3 § 4-4
Tenant Selection Plan (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
HUD guidance — not codified law
In Force
Verified 9/24/2026 · Next check 10/1/2026
effective 9/24/2026FederalTenant ScreeningOperative Text
HUD Handbook 4350.3 § 4-4
A. Key Requirements
Owners must develop and make public written tenant selection policies and
procedures that include descriptions of the eligibility requirements and income
limits for admission. Figure 4-2 provides a sample outline of a tenant selection
plan. The Tenant Selection Plan must include whether or not there is an elderly
restriction or preference in the admission of tenants. The restriction or
preference must cite the supporting documentation to ensure nondiscrimination
in the selection of tenants. The contents of the plan also must be consistent with
the purpose of improving housing opportunities and be reasonably related to
program eligibility and an applicant’s ability to perform the obligations of the
lease.
B. HUD Review of the Tenant Selection Plan
HUD does not approve tenant selection plans (except when owners wish to adopt
local or residency preferences). However, if HUD staff becomes aware that a
plan fails to comply with applicable requirements, the owner must modify the plan
accordingly.
Figure 4-2: Written Tenant Selection Plan - Topics
A. Required Topics
1. Project eligibility requirements:
Project-specific requirements (see Chapter 3, Section 2);
Citizenship requirements (see Chapter 3, Section 1); and
Social security number requirements (see Chapter 3, Section 1).
2. Income limits (including economic mix requirements for Section 8 properties) (see Chapter 3, Section
1).
3. Procedures for accepting applications and selecting from the waiting list:
Procedures for accepting applications and pre-applications (see Chapter 4, Section 3);
Procedures for applying preferences (including income-targeting in Section 8 properties) (see
Chapter 4, Sections 1 and 4);
Applicant screening criteria (see Chapter 4, Sections 1 and 4);
- Required drug-related or criminal activity criteria *including State lifetime sex offender
registration check in all states where applicant household members have resided or using a
database that checks against all state registries, e.g., the Dru Sjodin National Sex Offender
Database.
- Procedures for using the EIV Existing Tenant Search;*
- Other allowable screening criteria; and
Procedures for rejecting ineligible applicants (see Chapter 4, Section 1).
4. Occupancy standards (see Chapter 3, Section 2).
5. Unit transfer policies, including selection of in-place residents versus applicants from the waiting list
when vacancies occur (see Chapter 7, Section 3).
6. Policies to comply with Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Act and other
relevant civil rights laws and statutes (see Chapter 2, Section 3).
7. Policy for opening and closing the waiting list for the property (see Chapter 4, Section 3).
8. Eligibility of students (see Chapter 3, Sections 1 and 3).
9. *Policies for applying Violence Against Women Act (VAWA) protections (Section 8 only).*
B. Recommended Topics
1. Applicant notification and opportunity to supplement information already provided (see Chapter 4,
Sections 1 and 4).
2. Procedures for identifying applicant needs for the features of accessible units or reasonable
accommodations (see Chapter 2, Section 3).
3. Updating the waiting list (see Chapter 4, Section 3).
4. Policy for notifying applicants and potential applicants of changes in the tenant selection plan (see
Chapter 4, Section 1).
5. Procedures for assigning units with originally constructed design features for persons with physical
disabilities (see Chapter 2, Section 3).
6. Charges for facilities and services (see Chapter 6, Section 3).
7. Security deposit requirements (see Chapter 6, Section 2).
8. Unit inspections (see Chapter 6, Section 4).
9. Annual recertification requirements (see Chapter 7, Section 1).
10. Interim recertification reporting policies (see Chapter 7, Section 2).
11. Implementation of house rule changes (see Chapter 6, Section 1).
C. Required Contents of the Tenant Selection Plan
The tenant selection plan helps to ensure that tenants are selected for occupancy
in accordance with HUD requirements and established management policies.
HUD requires that the plan specify a number of procedures and policies,
including the following items:
1. Project eligibility requirements.
a. Project specific requirements. If the property is designated for a
special population, such as elderly or disabled, the owner must
define population served.
b. Citizenship/immigration status requirements. The owner must
describe how citizenship/immigration requirements are
implemented, including policies regarding verification of
citizenship (if any).
c. *Social security number (SSN) requirements. Requirements for
disclosing and providing verification of SSNs.*
2. Income limits (including economic mix for Section 8 properties). The
income limit schedule used for the property must be identified (i.e., very
low- or low-income. The specific maximum annual income amounts need
not be included).
3. Procedures for taking applications and selecting from the waiting list.
a. Taking applications. The plan must include policies for taking pre-
applications (if applicable) and applications.
b. Preferences. The plan must define each preference adopted for
use in the property and any rating, ranking, or combining of the
preferences the owner has established that will affect the order in
which applicants are selected from the waiting list. The plan
should also describe the acceptable sources of information to
verify the qualification for preferences.
REMINDER: Owners implementing state, local, or residency
preferences must have prior HUD approval.
c. Income-targeting. For Section 8 properties only, the plan must
describe the procedures used by the owner to meet the income-
targeting requirements, if applicable. This description must
explain how and when applicants will be “skipped over” in favor of
housing an extremely low-income household and how their
applications will be treated when they are skipped.
d. Applicant screening criteria. The plan must describe the
property’s standards used to screen for information on drug-
related or criminal activity (including registration as a sex offender)
*and use of the EIV Existing Tenant Search*, as well as the other
screening activities implemented by the owner (e.g., rental
history).
e. Procedures for rejecting ineligible applicants. The plan must
describe the circumstances under which the owner may reject an
applicant for occupancy or assistance. If the owner establishes a
policy to consider extenuating circumstances in cases when
applicants would normally be rejected but have circumstances that
indicate the family might be an acceptable future tenant, such a
policy must also be described in the plan.
4. Occupancy standards. Standards used by the owner to determine
appropriate unit size, and procedures to place families on the lists for
more than one unit size, must be included in the plan.
5. Unit transfer policies, including procedures for selecting between
applicants on the waiting list and current tenants who need:
a. A unit transfer because of family size;
b. A new unit because of changes in family composition;
c. A deeper subsidy (Rent Supplement, RAP, or Section 8
assistance);
d. A unit transfer for a medical reason certified by a doctor; or
e. A unit transfer based on the need for an accessible unit.
6. Policies to Comply with Section 504 of the Rehabilitation Act of 1973, The
Fair Housing Act Amendments of 1988 and Title VI of the Civil Rights Act
of 1964.
a. Section 504 of the Rehabilitation Act of 1973 prohibits
discrimination on the basis of disability in any program or activity
receiving federal financial assistance from HUD.
b. The Fair Housing Act prohibits discrimination in housing and
housing related transactions based on race, color, religion, sex,
national origin, disability and familial status. It applies to housing,
regardless of the presence of federal financial assistance.
c. Title VI of the Civil Rights Act of 1964 prohibits discrimination on
the basis of race, color or national origin in any program or activity
receiving federal financial assistance from HUD.
7. Policy for opening and closing the waiting list. The methods of advertising
used to announce opening and closing of the waiting list should be
described.
8. Eligibility of students. The plan must include the requirements for
determining eligibility of students enrolled at an institution of higher
education.
9. *VAWA protections (applicable to the Section 8 program only). The plan,
as well as House Rules where applicable, must include policies and
procedures covering the VAWA protections. Owner policies must support
or assist victims of domestic violence, dating violence or stalking and
protect victims, as well as members of their family, from being denied
housing or from losing their HUD assisted housing as a consequence of
domestic violence, dating violence or stalking.
(a) Owners must provide notice to Section 8 tenants of their rights
and obligations under VAWA.
(b) Certification of Domestic Violence, Dating Violence or Stalking.
(1) Owners must provide tenants the option to complete the
Certification of Domestic Violence, Dating Violence or
Stalking, form HUD-91066. The certification form may be
made available to all eligible families at the time of
admission or, in the event of a termination or start of an
eviction for cause proceeding, the certification may be
enclosed with the appropriate notice, directing the family to
complete, sign and return the form within fourteen (14)
business days. The owner may extend this time period at
his/her discretion.
(2) Alternately, in lieu of the certification form or in addition to
it, owners may accept:
(i) A federal, state, tribal, territorial, or local police
record or court record, or
(ii) Documentation signed by an employee, agent,
volunteer of a victim service provider, an attorney,
or medical professional from whom the victim has
sought assistance in addressing domestic violence,
dating violence, or stalking or, the effects of the
abuse in which the professional attests under
penalty of perjury under 28 U.S.C 1746 to the
professional’s belief that the incident or incidents
are bona fide incidents of abuse, and the victim of
domestic violence, dating violence or stalking has
signed or attested to the documentation.
(3) Owners are not required to demand that an individual
produce official documentation or physical proof of an
individual’s status as a victim of domestic violence, dating
violence or stalking in order to receive the protections of
the VAWA. Owners, at their discretion, may provide
assistance to an individual based solely upon the
individual’s statement or other corroborating evidence.
Owners are encouraged to carefully evaluate abuse claims
as to avoid conducting an eviction based on false or
unsubstantiated accusations.
(4) Owners should be mindful that the delivery of the
certification form to the tenant via mail may place the victim
at risk, e.g., the abuser may monitor the mail. Therefore,
in order to mitigate risks, owners are encouraged to work
with the tenant in making acceptable delivery
arrangements, such as inviting them into the office to pick
up the certification form or making other discreet
arrangements.
(c) Confidentiality of Information.
The identity of the victim and all information provided to owners
relating to the incident(s) of domestic violence, dating violence or
stalking must be retained in confidence by the owner and must not
be entered into any shared database or provided to a related
entity, except to the extent that the disclosure is:
(1) Requested or consented to by the individual in writing;
(2) Required for use in an eviction proceeding; or
(3) Otherwise required by applicable law.
The HUD-approved certification form provides notice to the tenant
of the confidentiality of the form and the limits thereof.
(d) Retention of information.
Owners must retain all documentation relating to an individual’s
domestic violence, dating violence or stalking in a separate file
that is kept in a separate secure location from other tenant files.
(e) VAWA Lease Addendum.
Owners must have tenants sign the VAWA lease addendum, form
HUD-91067 (see Chapter 8 for requirements on issuance of
modifications to the model lease).
NOTE: See the Glossary for definitions for domestic violence, dating
violence, stalking and immediate family member.*
D. Additional Owner Policies and Practices
1. General. In addition to the required content, owners are encouraged to
incorporate their own policies and practices regarding the selection of
tenants into the tenant selection plan. See Figure 4-2 for a list of
recommended topics. By incorporating all policies and procedures in one
plan, owners, applicants, and tenants will have one point of reference.
Further, owners will have a single document to which they can direct
applicants and tenants when questioned about policies and fairness of
treatment.
2. Notification of modification to the tenant selection plan. It is also good
practice for owners to include a description of the process used to provide
notification to applicants on the waiting list and other interested persons
(potential applicants) of the implementation of any new or revised tenant
selection plan or policies that may affect an application or tenancy.
E. Modification of the Tenant Selection Plan
Owners should review tenant selection plans at least annually to ensure that they
reflect current operating practices, program priorities, and HUD requirements.
F. Availability of the Tenant Selection Plan
When requested, the owner must make the tenant selection plan available to the
public.Source: Legislative text reproduced verbatim
Effective Timeline
Current
Sep 24, 2026
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