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 9/24/2026 · Next check 10/1/2026
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

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.

Source Information

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