HUD Handbook 4350.3 § 5-19
Confidentiality of Applicant and Tenant Information (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
A. Federal law limits the information owners can collect about an applicant or tenant
to only information that is necessary to determine eligibility and level of
assistance.
B. Federal privacy requirements also establish the responsibility of owners and their
employees to use information provided by applicants and tenants only for
specified program purposes and to prevent the use or disclosure of this
information for other purposes.
1. To help ensure the privacy of applicant and tenant information, owners
and their employees are subject to penalties for unauthorized disclosure
of applicant/tenant information. In addition, applicants and tenants may
initiate civil action against an owner for unauthorized disclosure or
improper use of the information they provided. Language on the HUD-
required consent forms, the verification forms developed by owners, and
the HUD-50059 clearly describes owners’ responsibility regarding the
privacy of this information and the possible penalties.
2. HUD encourages owners to develop their own procedures and internal
controls to prevent the improper use or unauthorized disclosure of
information about applicants and tenants. Adequate procedures and
controls protect not only applicants and tenants, but also owners.
C. Owners must also comply with state privacy laws concerning the information they
receive from third-party sources about applicants and tenants. These laws
generally require confidentiality and restrict the uses of this information.HUD Handbook 4350.3 REV-1 CHG-4 § 5-19 establishes that federal law restricts the collection of applicant and tenant information to only what is necessary to determine program eligibility and assistance levels. Owners and their employees are required to use that information solely for designated program purposes and are prohibited from disclosing or misusing it for other ends. Violations can result in penalties against owners, and individuals whose information is improperly used or disclosed may pursue civil action. State privacy laws governing third-party information add an additional layer of confidentiality requirements.
Plain English — not legal advice.
Under HUD Handbook 4350.3 REV-1 CHG-4 § 5-19, compliant operators generally limit the personal information they collect to what is strictly necessary for eligibility and assistance determinations, and they train staff to use that information only for authorized program purposes. Operators typically develop written internal procedures and controls to prevent unauthorized disclosure, which the provision notes protects owners as well as residents. Compliance also involves adhering to applicable state privacy laws governing information received from third-party sources, and ensuring that HUD-required consent and verification forms are used as specified.
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 § 5-19 gives applicants and tenants meaningful privacy protections: owners are federally restricted from collecting more information than necessary and from using or sharing what they do collect outside of approved program purposes. If an owner or their employee improperly discloses or misuses personal information, the provision explicitly recognizes that affected individuals may initiate civil action against the owner. Tenants who believe their information has been mishandled may wish to review the consent and verification forms they signed, contact a tenant-rights organization, or reach out to the U.S. Department of Housing and Urban Development to understand available remedies.
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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