HUD Handbook 4350.3 § 1-5

Requirements

       A.     General

              In addition to complying with this handbook, owners must comply with other
              federal, state, and local laws applicable to the occupancy of multifamily housing
              properties. If other federal, state, or local laws conflict with HUD’s requirements,
              owners must contact the HUD Field Office or Contract Administrator for
              guidance. Also, when addressing complex overlapping requirements, it is always
              prudent for owners to seek proper counsel.

B.     Statutory Program Eligibility Requirements

              Federal statutory program eligibility requirements cannot be overruled by state or
              local law.

C.     Multiple Federal Laws

              If more than one federal law applies to a situation, the laws should be read and
              applied together. Where one law imposes a more restrictive requirement or
              standard on the owner than another, the more restrictive requirement or standard
              is controlling as to federal law.

       D.     Overlap Between Federal and State/Local Nondiscrimination Laws

              If state or local laws impose different nondiscrimination requirements than federal
              law, the more rigorous standard, the one that promotes the higher level of
              protection for the tenant, is controlling regardless of whether the more rigorous
              standard is that of the state, local, or federal law.