HUD Handbook 4350.3 § 2-11
Required Data and Record-Keeping (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
A. Required Data
1. Owners must collect and maintain various types of information regarding
prospective and current tenants to help establish compliance with
program requirements. (See Chapter 4.)
2. For subsidized multifamily housing, HUD requires owners to gather data
about the race and ethnicity of applicants and tenants so that HUD can
easily spot possible discrimination, track racial or ethnic concentrations,
and focus enforcement actions on owners with racially or ethnically
identifiable properties. For example, the Department might investigate a
situation in which there is a sizable eligible population of a given race or
ethnicity in the area, but a particular property does not house any
members of that population. Ethnicity and Race of applicants and tenants
is determined by self certification rather than an observation of the owner.
The Department also requires that owners report the numbers of persons
with disabilities served by their programs.
3. To avoid the risk of violating civil rights and nondiscrimination
requirements when seeking to gather such data, owners should
consistently ask the same questions of all prospective and current
tenants. Also, owners should avoid asking for information only from
certain populations and not others. For example, instead of asking only
some applicants about their race, owners should have a means of
seeking this information from all applicants.
B. Record-Keeping
1. Records. Owners must keep civil rights related records in accordance
with 24 CFR 1.6, 8.55(b), and 107.30. The civil rights related records
include race and ethnicity data, compliance with 504, and compliance
with Executive Order 11063.
2. Access to Records. Owners are required to allow HUD staff and Contract
Administrators access to the relevant records for their properties and
other sources of information, as necessary, for determining compliance
with civil rights and nondiscrimination requirements.
a. In the following situations, HUD or the Contract Administrator may
request information from owners: when an individual complains to
HUD that he/she has been the subject of discrimination; when
HUD FHEO staff performs a review of an owner’s overall
compliance with civil rights and nondiscrimination requirements; or
when HUD Multifamily Housing staff looks for indicators of
noncompliance on behalf of FHEO as part of a management
review. (See Handbook 4350.1, Multifamily Asset Management
and Project Servicing for more information.)
b. When performing limited reviews of civil rights and
nondiscrimination requirements as part of a management review,
HUD Multifamily Housing staff should use the checklists and
operating procedures developed between the Office of Fair
Housing and Equal Opportunity and the Office of Multifamily
Housing to determine the relevant information needed from the
owner to conduct the review. (See paragraph 1-7 for information
about technical resources such as websites for FHEO checklists
and guidance for HUD staff.)HUD Handbook 4350.3 REV-1 CHG-4 § 2-11 establishes that owners of subsidized multifamily housing must collect and retain civil rights–related data, including the self-certified race, ethnicity, and disability status of applicants and tenants. This information allows HUD to monitor for potential discrimination and identify properties with racially or ethnically identifiable tenant populations. The provision also requires that owners grant HUD staff and Contract Administrators access to these records whenever compliance reviews or discrimination complaints arise.
Plain English — not legal advice.
Under HUD Handbook 4350.3 REV-1 CHG-4 § 2-11, compliant operators of subsidized multifamily properties maintain civil rights–related records—including race, ethnicity, and disability data—in accordance with 24 CFR 1.6, 8.55(b), and 107.30. Because the provision calls for consistent data collection, operators typically use standardized forms that ask the same questions of every applicant and tenant, rather than selectively gathering demographic information from only certain individuals. Operators also ensure that HUD staff and Contract Administrators can readily access these records during management reviews or in response to discrimination complaints.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HUD Handbook 4350.3 REV-1 CHG-4 § 2-11 provides that your race, ethnicity, and disability status in a subsidized multifamily property must be determined by your own self-certification—not by the owner's observation—and that this data is collected specifically to help HUD detect and address potential discrimination. If you believe an owner has gathered demographic information selectively or inconsistently, or has otherwise failed to comply with civil rights requirements, you may file a complaint directly with HUD's Fair Housing and Equal Opportunity (FHEO) office, which has authority to investigate and request records from the owner. Tenant-rights organizations can also help you understand the general enforcement paths available under this provision.
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.
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