HUD Handbook 4350.3 § 1-8

Handbook Waivers, Key Statutes, and Regulations (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)

HUD guidance — not codified law
In Force
Verified 11/9/2026 · Next check 11/16/2026
effective 9/24/2026FederalAffordable Housing Programs

Operative Text

HUD Handbook 4350.3 § 1-8
A.     The procedures in this handbook are presented to ensure that the statutory,
              regulatory, and contractual obligations regarding HUD-subsidized multifamily
              housing are fulfilled. The HUD Multifamily HUB Director, or other designated
              HUB or Field Office Multifamily Housing Official, may waive directives specified in
              this handbook only if they are not formally required by statute or regulation.

       B.     Figure 1-2 lists the regulations and statutes that pertain to the key programs and
              requirements covered in this handbook.

Figure 1-2: Regulations and *Authorities* for Key HUD Multifamily Housing Programs

                         A. Requirements Applicable Across All Programs

       Requirement                    Regulation                              Statute
General HUD Program            24 CFR, part 5              Various statutes
Requirements
Title VI, Subtitle D of the                                42 U.S.C. 13641
Housing and Community
Development Act of 1992
Fair Housing Act (Title VIII   24 CFR, part 100            42 U.S.C. 3601 et seq.
of the Civil Rights Act of     24 CFR, part 108
1968)
Title VI of the Civil Rights   24 CFR, part 1              42 U.S.C. 2000d et seq.
Act of 1964
Section 504 of the             24 CFR, part 8              29 U.S.C. 794
Rehabilitation Act of 1973

*Nondiscrimination and         *24 CFR, part 107*          *Executive Order 11063*
Equal Opportunity in
Housing*
*Collection of Data*           *24 CFR, part 121*          *Fair Housing Act*
*Economic Opportunities for    *24 CFR, part 135*          *12.U.S.C. 1701u*
Low and Very Low Income
Persons*
Age Discrimination Act of      24 CFR, part 146            42 U.S.C. 6101 et seq.
1975

Tenant Participation           24 CFR, part 245            12 U.S.C. 1715z-1b
Regulations

Figure 1-2: Regulations and *Authorities* for Key HUD Multifamily Housing Programs

                            B. Regulations and Statutes by Programs
         Program                      Regulation                              Statute
Section 221(d)(3) BMIR         24 CFR, part 221             12 U.S.C. 1715(l); Section 221(d)(5) of
                                                            the National Housing Act
Section 236                    24 CFR, part 236             12 U.S.C. 1715z-1; Section 236 of the
                                                            National Housing Act
Section 202 – Direct Loan      24 CFR part 891, subpart E   12 U.S.C. 1701(q); Section 202 of the
                                                            Housing Act of 1959
Section 202 – Capital          24 CFR part 891, subpart B   12 U.S.C. 1701(q); Section 202 of the
Advance                                                     Housing Act of 1959 as amended by
                                                            Section 801 of the Cranston-Gonzales
                                                            National Affordable Housing Act
Section 811 – Capital          24 CFR part 891, subpart C   42 U.S.C. 8013; Section 811 of the
Advance                                                     Cranston-Gonzales National Affordable
                                                            Housing Act
*Section 202/811 – Mixed       *24 CFR part 891, subpart    *12 U.S.C. 1701(q); Section 202 of the
Finance*                       F*                           Housing Act of 1959 as amended by
                                                            Section 801 of the Cranston-Gonzales
                                                            National Affordable Housing Act
                                                            42 U.S.C. 8013; Section 811 of the
                                                            Cranston-Gonzales National Affordable
                                                            Housing Act*
Section 8 New Construction     24 CFR, part 880             42 U.S.C. 1437(f)(b); Section 8(b) of the
                                                            United States Housing Act of 1937, as in
                                                            effect before October 1, 1983.
Section 8 Substantial Rehab    24 CFR, part 881             42 U.S.C. 1437(f)(b); Section 8(b) of the
                                                            United States Housing Act of 1937, as in
                                                            effect before October 1, 1983.
State Agency Section 8         24 CFR, part 883             42 U.S.C. 1437(f)(b); Section 8(b) of the
                                                            United States Housing Act of 1937.
RHS Section 515/8              24 CFR, part 884             42 U.S.C. 1437(f)(b); Section 8(b) of the
                                                            United States Housing Act of 1937.
Section 8 LMSA                 24 CFR part 886, subpart A   Not applicable.
Section 8 PDSA                 24 CFR part 886, subpart C   42 U.S.C. 1437(f)(b); Section 8(b) of the
                                                            United States Housing Act of 1937.
Section 202/8                  24 CFR part 891, subpart E   42 U.S.C. 1437(f)(g); Section 8(g) of the
                                                            United States Housing Act of 1937
PAC/PRAC                       24 CFR, part 891             42 U.S.C. 8013(d)(2); Section 811 of the
                                                            Cranston-Gonzales National Affordable
                                                            Housing Act

Figure 1-2: Regulations and *Authorities* for Key HUD Multifamily Housing Programs

RAP                       24 CFR part 236, subpart D         12 U.S.C. 1715z-1; Section 236 of the
                                                             National Housing Act
Rent Supplement           24 CFR, part 215 (currently        12 U.S.C. 1701(s); Section 101 of the
                          expired, but still in effect for   Housing and Urban Development Act of
                          existing contracts per 24          1965
                          CFR 200.1302)
Source: Legislative text reproduced verbatim
Plain English

HUD Handbook 4350.3 REV-1 CHG-4 § 1-8 establishes that the administrative procedures in the handbook exist to ensure compliance with statutory, regulatory, and contractual obligations governing HUD-subsidized multifamily housing. Certain handbook directives—those not rooted in formal statute or regulation—may be waived by the HUD Multifamily HUB Director or another designated official. The section also provides a reference table (Figure 1-2) mapping each major HUD multifamily housing program to its governing regulations and authorizing statutes, covering both cross-cutting requirements (such as fair housing and nondiscrimination) and program-specific rules.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 25, 2026

Plain English — not legal advice.

For Property Managers

Operators of HUD-subsidized multifamily properties should be aware that § 1-8 of HUD Handbook 4350.3 REV-1 CHG-4 identifies the full matrix of statutes and regulations that govern their programs, from the Fair Housing Act and Section 504 of the Rehabilitation Act to program-specific rules under Sections 8, 202, 811, 236, and others. Compliant operators generally maintain familiarity with both the cross-cutting requirements in Part A of Figure 1-2 and the program-specific citations in Part B that apply to their particular subsidy type. If a handbook directive appears to conflict with operational realities, only the HUD Multifamily HUB Director or a designated official has authority to grant a waiver—and only for provisions not mandated by statute or regulation.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Residents of HUD-subsidized multifamily housing benefit from a layered set of legal protections catalogued in § 1-8 of HUD Handbook 4350.3 REV-1 CHG-4, including the Fair Housing Act, Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, and tenant participation regulations under 24 CFR part 245, among others. Understanding which program covers a particular property—identifiable through Figure 1-2—can help tenants locate the specific regulations that apply to their housing situation. Tenants who believe these protections are not being honored may consider contacting the U.S. Department of Housing and Urban Development, a local HUD field office, or a tenant-rights organization for general information about available options.

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 25, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

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§ 574.625 Conflict of interest.
§ 574.645
§ 574.645 Coastal barriers.

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