HUD HCV Guidebook § 3.2.7
Confidentiality of Information (HUD HCV Guidebook)
Operative Text
In most cases, an individual’s medical records or detailed information about the nature of a person’s disability is not necessary for reasonable accommodation inquiries and may be inappropriate. The PHA must keep all information confidential, and the information must not be shared with other persons unless they need the information to make or assess a decision to grant or deny a reasonable accommodation request or unless disclosure is required by law (e.g., a court-issued subpoena requiring disclosure or HUD regulation).96 Thus, such records should not be retained in the applicant/participant file. Alternatively, once a decision is made or the records or information is not needed they may be returned to the applicant/participant.
Under HUD Housing Choice Voucher Guidebook § 3.2.7, Public Housing Authorities (PHAs) are required to keep confidential any medical records or disability-related information collected during a reasonable accommodation inquiry. That information may only be shared with individuals who genuinely need it to evaluate or decide on the accommodation request, or when disclosure is compelled by law, such as a court subpoena or HUD regulation. The provision also discourages retaining such sensitive records in a participant's main file, and allows for the records to be returned once a decision has been reached or the information is no longer needed.
Plain English — not legal advice.
PHAs and housing operators operating under the Housing Choice Voucher program should treat any disability-related documentation gathered during a reasonable accommodation process as strictly confidential under § 3.2.7. Compliant operators generally limit internal access to only those staff members directly involved in evaluating the accommodation request, avoid filing medical records in the standard applicant or participant file, and return or properly dispose of such records once a determination has been made. Maintaining clear internal policies about who may access this information—and under what circumstances—reflects the standard of care described in this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 3.2.7 of the HUD Housing Choice Voucher Guidebook, you have a recognized interest in the confidentiality of any medical or disability-related information you provide when requesting a reasonable accommodation. A PHA is generally not permitted to share that information beyond those directly involved in deciding your request, and it should not be stored indefinitely in your main participant file. If you believe your sensitive information has been improperly disclosed or retained, general enforcement paths include filing a complaint with the U.S. Department of Housing and Urban Development or consulting a tenant-rights organization familiar with fair housing law.
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 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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