HUD Handbook 4350.3 § 4-9
Rejecting Applicants and Denial of Rental Assistance (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
A. Key Requirements
1. Prohibition of discrimination in the denial of tenancy or rental assistance.
Owners must not discriminate against an applicant based on race, color,
religion, sex, national origin, familial status, or disability. (See Chapter 2
for additional information.)
2. *Prohibition of denying assistance to victims of domestic violence, dating
violence or stalking (applicable to the Section 8 program only). The
VAWA protects victims of domestic violence, dating violence or stalking,
as well as their immediate family members, from being denied housing
assistance if an incident of violence is reported and confirmed. An
applicant’s status as a victim of domestic violence, dating violence, or
stalking is not a basis for denial of rental assistance or for denial of
admission, if the applicant otherwise qualifies for assistance or admission.
(See Chapter 4, Paragraph 4-4.C.9 and Chapter 6, Paragraph 6-5.G.1 for
more information on the VAWA protections.)*
3. Prompt notification. Owners must promptly notify the applicant in writing
of the denial of admission or assistance.
B. Conditions under Which Owners May Reject Applicants
An owner may reject an applicant if the applicant:
1. Is ineligible for occupancy in a particular unit or property (see Chapter 3,
Sections 1 and 2 for eligibility requirements);
2. *Is unable to disclose and provide verification of SSNs for all household
members, except for those household members who do not contend
eligible immigration status or tenants who were 62 or older on January 31,
2010, whose initial determination of eligibility was begun before January
31, 2010. *
3. Does not sign and submit verification consent forms or the Authorization
for Release of Information (forms HUD-9887 and HUD-9887-A);
4. Has household characteristics that are not appropriate for the specific
type of unit available at the time, or has a family of a size not appropriate
for the unit sizes that are available;
NOTE: In such cases, the owner may deny the applicant admission to a
specific unit, but the applicant may continue to wait for another unit. See
the example below.
Example – Denial of Unit
An owner could deny an applicant family a particular unit and
place the family on the waiting list if the only available unit is an
accessible unit and the following is true: (a) the applicant
household does not include an individual requiring the features
of the unit, and (b) there are either tenants in the property or
applicants on the waiting list who desire such a unit and who
have a member of the household requiring the features of the
unit.
NOTE: In some programs, eligibility is dependent on the head
or spouse meeting particular eligibility criteria.
5. Includes family members who did not declare citizenship or noncitizenship
status, or sign a statement electing not to contend noncitizen status (see
paragraph 4-31). However, an owner should permit families to revise
their application to exclude proposed family members who do not declare
citizenship or eligible noncitizen status; or
6. Does not meet the owner’s tenant screening criteria.
C. Notification of Applicant Rejection
1. Rejection notices must be in writing
2. The written rejection notice must include:
a. The specifically stated reason(s) for the rejection;
b. The applicant’s right to respond to the owner in writing or request
a meeting within 14 days to dispute the rejection. and
c. That persons with disabilities have the right to request reasonable
accommodations to participate in the informal hearing process.
D. Owner Meetings with Applicants to Discuss Rejection Notices
1. Any meeting with the applicant to discuss the applicant’s rejection must
be conducted by a member of the owner’s staff who was not involved in
the initial decision to deny admission or assistance.
2. Within 5 business days of the owner response or meeting, the owner must
advise the applicant in writing of the final decision on eligibility.HUD Handbook 4350.3 REV-1 CHG-4 § 4-9 establishes the rules governing when and how housing applicants may be denied tenancy or rental assistance in HUD-assisted programs. Owners are prohibited from rejecting applicants on the basis of protected characteristics such as race, sex, disability, or national origin, and under the Violence Against Women Act (VAWA), victims of domestic violence, dating violence, or stalking cannot be denied Section 8 assistance solely because of their victim status. When a rejection does occur for a permissible reason—such as failing to meet screening criteria or not providing required documentation—the owner must issue a written notice that explains the specific reason, informs the applicant of their right to dispute the decision within 14 days, and notes the right to request reasonable accommodations.
Plain English — not legal advice.
Operators of HUD-assisted properties subject to § 4-9 of HUD Handbook 4350.3 REV-1 CHG-4 generally maintain written tenant screening criteria that are applied consistently and without regard to any federally protected class. When a rejection decision is made, compliant operators issue a written notice promptly, specifying the exact reason for denial and advising the applicant of the 14-day window to respond or request a meeting. If a meeting is requested to dispute the rejection, it is conducted by a staff member who had no involvement in the original denial decision, and a final written determination is issued within 5 business days of that meeting or response.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under HUD Handbook 4350.3 REV-1 CHG-4 § 4-9, applicants for HUD-assisted housing have the right to receive a written rejection notice that clearly states the reason for denial and informs them of the right to dispute that decision in writing or request a meeting within 14 days. Applicants with disabilities may also request reasonable accommodations to participate in the informal review process. Tenants who believe a rejection was based on a protected characteristic, or who are VAWA-protected victims denied Section 8 assistance, may consider contacting a local tenant-rights organization, reaching out to HUD directly, or raising the violation through the informal hearing process described in the notice.
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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