24 C.F.R. § 5.210
§ 5.210 Purpose, applicability, and Federal preemption. (24 CFR Part 5)
Operative Text
(a) Purpose. This subpart B requires applicants for and participants in covered HUD programs to disclose, and submit documentation to verify, their Social Security Numbers (SSNs). This subpart B also enables HUD and PHAs to obtain income information about applicants and participants in the covered programs through computer matches with State Wage Information Collection Agencies (SWICAs) and Federal agencies, and from financial institutions and employers, in order to verify an applicant's or participant's eligibility for or level of assistance. The purpose of this subpart B is to enable HUD to decrease the incidence of fraud, waste, and abuse in the covered programs. (b) Applicability. (1) This subpart B applies to mortgage and loan insurance and coinsurance and housing assistance programs contained in chapter II, subchapter B, and chapters VIII and IX of this title. (2) The information covered by consent forms described in this subpart involves income information from SWICAs, wages, income, and resource information from financial institutions, net earnings from self-employment, payments of retirement income, and unearned income as referenced at 26 U.S.C. 6103. In addition, consent forms may authorize the collection of other information from applicants and participants to determine eligibility or level of benefits. (c) Federal preemption. This subpart B preempts any State law, including restrictions and penalties, that governs the collection and use of income information to the extent State law is inconsistent with this subpart.
Section 5.210 establishes the foundation for a federal framework that requires people applying for or participating in certain HUD-assisted housing programs to disclose their Social Security Numbers and consent to income verification. The rule authorizes HUD and Public Housing Authorities (PHAs) to cross-check income data with state wage agencies, federal agencies, financial institutions, and employers to confirm eligibility and benefit levels. Notably, § 5.210(c) provides that this federal framework overrides any conflicting state laws governing the collection and use of that income information.
Plain English — not legal advice.
Operators and managers of properties participating in covered HUD programs under § 5.210 generally maintain intake and recertification processes that collect SSN disclosures and signed consent forms from applicants and participants. Compliant operators ensure that consent forms are broad enough to cover the income sources enumerated in § 5.210(b)(2), including wages, retirement income, self-employment earnings, and unearned income. Because § 5.210(c) establishes federal preemption over inconsistent state laws, operators typically align their data-collection practices with federal HUD guidance rather than varying procedures by state.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 5.210, applicants and participants in covered HUD programs have a defined obligation to provide their SSN and authorize income verification as a condition of receiving or continuing assistance. If a housing provider or PHA appears to be collecting information beyond what § 5.210 and its associated consent forms authorize, tenants can raise that concern directly with the relevant PHA or HUD field office. Tenant-rights organizations familiar with federal housing programs can help individuals understand what disclosures are required and what recourse exists if the process under § 5.210 is not followed correctly.
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 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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