HUD HCV Guidebook § 6

HUD requires PHAs to maintain records on applicants and participants for at least three years to provide HUD
data on the racial, ethnic, gender, family characteristics, elderly and disability status of applicants and
participants. (See 24 CFR part 121, for example.) For HUD’s HCV program, this data is captured and
submitted on form HUD-50058. FHEO may compare tenant characteristic data to Census data for the larger
community to be sure that the PHA is reaching all protected class populations of low-income families and
individuals. PHAs will need to confirm that the PHA is using the most up-to-date version of form HUD-50058 to
ensure the PHA is collecting the correct data. Failure to maintain and submit this data to HUD can lead to a
violation of both public housing and civil rights related requirements. The PHA performs a similar analysis for
the PHA Plan to monitor the extent to which the applicant and tenant populations’ demographics reflect
community-wide demographics.

Sometimes a PHA employee will encounter resistance from an individual in providing their race or ethnicity. An
applicants’ refusal to respond will not result in a denial of service. In such cases, the PHA may complete the
form HUD-50058 race and ethnicity disability questions relying on its own observations of the applicant or
participant.

HUD also requires PHAs to report whether a family member has a disability on the form HUD-50058 but does
not require the family member or the PHA to identify the nature or extent of the disability. Individuals may
need to provide disability status for any programs where having a disability is a program eligibility
requirement. The definition of disability used in determining program eligibility for the HCV program is the
found in 24 CFR 5.403 and not the broader definitions used for compliance with Federal nondiscrimination
and civil rights laws and requirements.151

The collection of demographic information is permitted under Federal fair housing and civil rights laws
provided that the information is not used in a discriminatory way. Collecting and analyzing demographic
information to ensure that a program is equitably reaching all those it was designed to serve is permissible
and required by HUD regulations. Disclosure of a protected characteristic by an applicant or tenant cannot be
used by a PHA or housing provider as justification for any discriminatory action. Furthermore, any private
information disclosed on a form must not be shared beyond PHA employees who need to know.152

To avoid discrimination under federal civil rights laws, PHAs may also need to consider if additional collection
of demographic information beyond what is required by HUD is consistent with federal nondiscrimination
requirements, including data collection required by state or local laws. This includes compliance with language
access requirements, privacy protections, and considerations of proper terminology and equity.

149 24 CFR 960.204(c).
150 15 U.S.C. § 1681 et seq.
151 See 24 CFR 1.6(b); 8.55; 107.30; 121.2; 146.27.
152 Notice PIH 2015-06.

Fair Housing and Nondiscrimination Requirements                                                         40
US Department of Housing and Urban Development                                                  April 2025