24 C.F.R. § 8.13
§ 8.13 Preemployment inquiries. (24 CFR Part 8)
Operative Text
(a) Except as provided in paragraphs (b) and (c) of this section, a recipient may not make a preemployment inquiry or conduct a preemployment medical examination of an applicant to determine whether the applicant is an individual with handicaps or the nature or severity of a handicap. A recipient may, however, make preemployment inquiry into an applicant's ability to perform job-related functions. (b) When a recipient is undertaking affirmative action efforts, voluntary or otherwise, the recipient may invite applicants for employment to indicate whether and to what extent they are handicapped, if the following conditions are met: (1) The recipient states clearly on any written questionnaire used for this purpose, or makes clear orally if no written questionnaire is used, that the information requested is intended for use solely in connection with its remedial action obligations, or its voluntary or affirmative action efforts; and (2) The recipient states clearly that the information is being requested on a voluntary basis, that it will be kept confidential (as provided in paragraph (d) of this section), that refusal to provide the information will not subject the applicant or employee to any adverse treatment, and that the information will be used only in accordance with this part. (c) Nothing in this section shall prohibit a recipient from conditioning an offer of employment on the results of a medical examination conducted before the employee's entrance on duty if all entering employees in that category of job classification must take such an examination regardless of handicap, and the results of such examination are used only in accordance with the requirements of this part. (d) Information obtained under this section concerning the medical condition or history of the applicant is to be collected and maintained on separate forms that are accorded confidentiality as medical records, except that: (1) Supervisors and managers may be informed of restrictions on the work or duties of individuals with handicaps and informed of necessary accommodations; (2) First aid and safety personnel may be informed if the condition might require emergency treatment; and (3) Government officials investigating compliance with section 504 shall be provided relevant information upon request.
Under § 8.13, recipients of federal housing assistance generally cannot ask job applicants about disabilities or require pre-hire medical exams to uncover whether a disability exists or how severe it is. They may, however, ask whether an applicant can perform job-related functions. Limited exceptions allow disability-related inquiries during affirmative action efforts—with proper disclosures—and permit conditional medical exams if every employee in that job category must take the same exam. Any medical information collected must be kept confidential as a medical record, with narrow exceptions for supervisors, safety personnel, and compliance investigators.
Plain English — not legal advice.
Recipients subject to § 8.13 generally structure their hiring processes to avoid any questions—written or oral—that probe whether an applicant has a disability or its severity. When conducting affirmative action outreach, compliant operators include clear written disclosures stating that disability-related questions are voluntary, confidential, and carry no adverse consequences for refusal. Medical records gathered under this section are stored separately from personnel files and shared only with supervisors, first-aid staff, or government compliance officials as the provision permits.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are an applicant for employment with a federal housing assistance recipient, § 8.13 limits what that employer may ask about your disability status before a job offer is made. If you believe a recipient has asked impermissible questions or mishandled your medical information, you may raise the violation with HUD or the relevant oversight agency, or consult a tenant-rights or disability-rights organization for general information about your options. Keeping records of any questionnaires or communications you received can help document what occurred.
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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.