HUD Handbook 4350.3 § 7-16

Unit Transfers Due to a Change in Family Composition (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 9/29/2026FederalOccupancy Standards

Operative Text

HUD Handbook 4350.3 § 7-16
A.       Determining Whether a Unit Transfer Should Occur

                  If a tenant reports a change (or the owner becomes aware of a change) in family
                  composition, the owner must do the following:

                  1.       Determine appropriate unit size. Owners should use the occupancy
                           standards established for the property to determine whether the unit is
                           still the appropriate size for the tenant. The property’s occupancy
                           standards must be consistent with the requirements discussed in
                           paragraph 3-23.

                  2.       Determine whether a transfer is required. The following considerations
                           determine whether the tenant is required to move:

                           a.       Is there a unit of appropriate size in the property? If there are
                                    appropriately sized units available, then a transfer to an
                                    appropriately sized unit is required. If a unit of appropriate size is
                                    not available, then the tenant should be moved to the most
                                    appropriately sized unit.

                           b.       Is there a market for the size of unit the tenant would be vacating?
                                    If the tenant is occupying a unit that is larger than needed and
                                    there is no demand for that larger unit, the owner does not have to
                                    require the tenant to move from the larger unit until there is a
                                    demand for that size of unit.

                           c.       How long will the tenant remain in the property? If the tenant has
                                    given a written notice to vacate, the owner need not require the
                                    tenant to transfer.

                           NOTE: In Section 236 and Section 221(d)(3) BMIR cooperatives in which
                           the member is receiving no other assistance, the cooperative may
                           establish its own policy on whether the cooperative should offer over-
                           housed members smaller units and require members who refuse such
                           offers to pay the market-rate carrying charge as described in paragraph
                           3-23 H.1.

         B.       Transfer Requirements

                  1.       When an owner determines that a transfer is required, the Model Lease
                           for Subsidized Programs states that the tenant:

                           a.       May remain in the unit and pay the HUD-approved market rent; or

                           b.       Must move within 30 days after the owner notifies the family that a
                                    unit of the required size is available within the property.

2.       Depending upon the circumstances of the transfer, a tenant may be
                           obligated to pay all costs associated with the move. However, if a tenant
                           is transferred as a reasonable accommodation to a household member’s
                           disability, then the owner must pay the costs associated with the transfer,
                           unless doing so would be an undue financial and administrative burden.
                           See Chapter 2 for a thorough discussion of the requirements of Section
                           504 of the Rehabilitation Act of 1973 and Chapter 2, Subsection 4 for
                           information and guidance on Reasonable Accommodation.

         C.       Written Policies

                  Owners are required to describe the unit transfer policies in a written tenant
                  selection plan for the property, and address the following topics (refer to Chapter
                  4, Figure 4-2 and Paragraph 4-4 C for Required Contents of a Tenant Selection
                  Plan):

                  1.       Transfer waiting lists;

                  2.       Acceptable reasons for transfers;

                  3.       Procedures for filling vacancies; and

                  4.       Owner’s policy for establishing priority for filling vacant units with either
                           tenants awaiting transfers or applicants from the property waiting list.

         D.       Transfer Fees in Section 236 and BMIR Cooperatives

                  1.       A cooperative may collect fees for processing transfers of membership if
                           such fees are approved by the cooperative’s board and consistent with
                           the cooperative’s by-laws and occupancy agreements.

                  2.       While these fees must be reasonable in amount, the cooperative need not
                           request HUD approval of the amount of the fee.

                  3.       The cooperative may only impose a transfer fee on a member who
                           voluntarily initiates a transfer. Cooperatives must not charge transfer fees
                           when transfers are required pursuant to changes in household
                           composition.
Source: Legislative text reproduced verbatim
Plain English

HUD Handbook 4350.3 REV-1 CHG-4 § 7-16 establishes a framework for how unit transfers must be handled when a household's size changes at HUD-assisted properties. When a family grows or shrinks, the property owner must evaluate whether the current unit still meets occupancy standards and, if an appropriately sized unit is available, require the tenant to either transfer or pay market rent. The provision also sets rules on who bears moving costs, requires owners to maintain written transfer policies in their tenant selection plans, and restricts when cooperatives may charge transfer fees.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Under HUD Handbook 4350.3 REV-1 CHG-4 § 7-16, compliant operators maintain written unit transfer policies within their tenant selection plans, covering transfer waiting lists, acceptable transfer reasons, vacancy-filling procedures, and priority rules. When a change in family composition is reported or discovered, operators apply the property's occupancy standards to determine whether a transfer is required, taking into account unit availability, market demand for the vacated unit size, and whether the tenant has already given notice to vacate. Operators also track whether a transfer stems from a reasonable accommodation request, since in those cases the owner generally bears the moving costs unless doing so would create an undue financial and administrative burden.

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 § 7-16 gives households in HUD-assisted properties certain protections when a unit transfer is triggered by a change in family composition. If a transfer is required and an appropriately sized unit is available, tenants generally have the option to remain in their current unit by paying the HUD-approved market rent or to move within 30 days of notice. Tenants who believe a transfer is connected to a disability-related reasonable accommodation, or who have questions about transfer fees or written transfer policies, may wish to review the property's tenant selection plan or reach out to a tenant-rights organization or the U.S. Department of Housing and Urban Development for guidance.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Expression #1
Sep 24, 2026
Current
Sep 29, 2026
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Related Rules

§ 244.810
Required space in dwelling units
§ 244.820
Dwelling unit to be occupied by one (1) family
§ 244.830
Arrangement of rooms

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