HUD Handbook 4350.3 § 2-10

Title VI, Subtitle D of the Housing and Community Development Act of 1992 (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 9/29/2026FederalFair Housing & Anti-Discrimination

Operative Text

HUD Handbook 4350.3 § 2-10
(42 U.S.C. 13641)

        A.      Title VI, Subtitle D of the Housing and Community Development Act of 1992
                (Title VI-D) authorizes owners of certain HUD multifamily assisted developments

to elect to serve elderly families, limit the numbers of disabled families residing in
                 the projects or to adopt preferences for elderly families, depending upon the type
                 of project and whether certain requirements are met. While owners must comply
                 with all relevant sections pursuant to Title VI-D, owners should pay close
                 attention to Sections 651 and 658 with respect to eligibility and tenant selection.
                 See paragraph **3-18** for more information about an owner’s responsibilities
                 under these sections of the statute

       B.        While this statute is not a civil rights law, it is referenced in this chapter because
                 if it is applied incorrectly, an owner may be in violation of federal civil rights laws,
                 as well as program requirements.
Source: Legislative text reproduced verbatim
Plain English

Under HUD Handbook 4350.3 REV-1 CHG-4 § 2-10, Title VI, Subtitle D of the Housing and Community Development Act of 1992 (42 U.S.C. 13641) gives owners of certain HUD-assisted multifamily developments limited authority to elect to serve elderly families, cap the number of disabled families, or adopt preferences for elderly families—but only when specific project types and statutory conditions are met. Although Title VI-D is not itself a civil rights statute, misapplying its provisions can trigger violations of federal civil rights laws and HUD program requirements. The statute's eligibility and tenant-selection rules are concentrated in Sections 651 and 658.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 30, 2026

Plain English — not legal advice.

For Property Managers

Owners of HUD-assisted multifamily properties operating under HUD Handbook 4350.3 REV-1 CHG-4 § 2-10 generally confirm that their project type qualifies before exercising any election under Title VI-D, and they carefully review Sections 651 and 658 for the precise eligibility and tenant-selection criteria that apply. Because an incorrect application of these provisions can constitute a violation of federal civil rights laws—not just a program compliance issue—compliant operators typically cross-reference their tenant-selection policies against all relevant civil rights requirements. Paragraph 3-18 of the Handbook provides additional detail on owner responsibilities under this statute and is a standard reference point during policy development and staff training.

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

For Tenants

Under HUD Handbook 4350.3 REV-1 CHG-4 § 2-10, tenants and applicants at HUD-assisted multifamily properties have an interest in whether an owner has properly elected to limit or preference occupancy under Title VI-D, because an improper election can constitute a violation of federal civil rights protections. Disabled families in particular may want to understand how Sections 651 and 658 govern any caps or preferences an owner claims authority to impose. Tenants who believe a property's occupancy policies were applied incorrectly may consider filing a complaint with the U.S. Department of Housing and Urban Development or consulting a tenant-rights organization familiar with HUD program requirements.

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 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Expression #1
Sep 24, 2026
Current
Sep 29, 2026
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Related Rules

§ 5.106
§ 5.106 Equal access in accordance with the individual's gender identity in community planning and development programs.
§ 5.109
§ 5.109 Equal participation of faith-based organizations in HUD programs and activities.
§ 2
Policies; recommendations

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