HUD Handbook 4350.3 § 5-23

Record-Keeping Procedures (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 9/24/2026FederalPrivacy & Tenant Data

Operative Text

HUD Handbook 4350.3 § 5-23
A.     Owners must keep the following documents in the tenant’s file at the project site:

                1.        All original, signed forms HUD-9887 and HUD-9887-A;

                2.        A copy of signed individual consent forms;

                3.        *A copy of the EIV Income Report, regardless of whether or not any
                          income is reported for the household, along with the HUD-50059 and any
                          other documentation obtained supporting income and rent
                          determinations; and

                4.        Third-party verifications received from third-party sources.*

         B.     Owners must maintain documentation of all verification efforts throughout the
                term of each tenancy and for at least three years after the tenant moves out

         C.     The tenant’s file should be available for review by the tenant upon request or by
                a third party who provides signed authorization for access from the tenant.

                *NOTE: The Federal Privacy Act (5 USC 552a, as amended) prohibits the
                disclosure of an individual’s information to another person without the written

consent of such individual. As such, the EIV data of an adult household member
                 may not be shared (or a copy provided or displayed) with another adult
                 household member, unless the individual has provided written consent to
                 disclose such information. See Chapter 9, paragraph 9-18 for more information
                 on disclosing EIV data to another individual or entity.*

        D.       Owners must maintain applicant and tenant information in a way to ensure
                 confidentiality. Any applicant or tenant affected by negligent disclosure or
                 improper use of information may bring civil action for damages and seek other
                 relief, as appropriate, against the employee. Forms HUD-9887 and *HUD-9887-
                 A* describe the penalties for the improper use of consent forms.

        E.       Owners must dispose of tenant files and records in a manner that will prevent
                 any unauthorized access to personal information, e.g., burn, pulverize, shred,
                 etc.
Source: Legislative text reproduced verbatim
Plain English

HUD Handbook 4350.3 REV-1 CHG-4 § 5-23 establishes how owners of HUD-assisted housing must handle tenant records. Specific documents—including signed consent forms, EIV Income Reports, HUD-50059s, and third-party verifications—must be kept on-site in each tenant's file, and verification records must be retained for at least three years after a tenant moves out. Tenant files must be kept confidential, made available to the tenant upon request, and ultimately destroyed in a way that prevents unauthorized access to personal information. The Federal Privacy Act further restricts sharing an individual's EIV data with other household members without that person's written consent.

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 § 5-23, compliant operators maintain a complete, organized tenant file at the project site containing all required forms—HUD-9887, HUD-9887-A, signed consent forms, EIV Income Reports, HUD-50059s, and third-party verifications. Operators keep all verification documentation throughout the tenancy and for a minimum of three years after move-out, and they implement confidentiality safeguards to prevent negligent disclosure or improper use of tenant information. When files are no longer needed, operators dispose of them through methods such as shredding, burning, or pulverizing to prevent any unauthorized access to personal data.

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 § 5-23 gives tenants the right to request access to their own file maintained at the project site, and owners are expected to make that file available upon such a request. The provision also protects tenants' personal information by requiring confidential handling; any tenant affected by negligent disclosure or improper use of their information may pursue civil action for damages and other relief against the responsible employee. Tenants who believe their records have been mishandled or improperly disclosed may wish to consult a tenant-rights organization or contact the U.S. Department of Housing and Urban Development to understand 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

§ 5.210
§ 5.210 Purpose, applicability, and Federal preemption.
§ 5.212
§ 5.212 Compliance with the Privacy Act and other requirements.
§ 1022.21
§ 1022.21 Affiliate marketing opt-out and exceptions.

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