HUD Handbook 4350.3 § 2-15
Unlawful Refusal to Rent or Negotiate for Rental (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
A. Owners may not refuse, either directly or indirectly, to rent or negotiate for rental
of a dwelling based on an individual’s race, color, religion, sex, disability, familial
status, or national origin, or those of a person associated with the individual.
B. Examples of prohibited activities based on race, color, religion, sex, disability,
familial status, or national origin include, but are not limited to, the following:
1. Setting different rental fees for a person;
2. Not applying the screening criteria outlined in the tenant selection plan
uniformly to all applicants;
3. Restricting selection of persons with disabilities in housing when this is in
violation of program rules or the owner’s contract with HUD; and
4. Preventing a household with children under age 6 from occupying a unit
even if there are lead hazards in the unit. The owner must advise the
household of the hazards, but the choice to occupy the unit is the
household’s.
NOTE: Owners may affirmatively market lead-hazard-free units to
families with children under the age of 6. For further information, refer to
24 CFR, part 35, and Federal Register Vol. 64, No. 178, p. 50158.HUD Handbook 4350.3 REV-1 CHG-4 § 2-15 prohibits housing owners participating in HUD programs from refusing or declining to negotiate rental of a dwelling on the basis of race, color, religion, sex, disability, familial status, or national origin — whether the discrimination is direct or indirect. The prohibition extends to associated persons and covers a range of conduct, including charging different fees, applying screening criteria inconsistently, and blocking families with young children from units even when lead hazards are present. When lead hazards exist, the owner must disclose them, but the decision to occupy remains with the household.
Plain English — not legal advice.
Under HUD Handbook 4350.3 REV-1 CHG-4 § 2-15, compliant operators apply their written tenant selection plan's screening criteria uniformly to every applicant, regardless of protected class. They set consistent rental fees across all applicants and ensure that households with children under age 6 are not categorically excluded from units, even those with known lead hazards — though disclosure of those hazards to the household is required. Owners may affirmatively market lead-hazard-free units to families with young children as a permissible outreach strategy under the same provision.
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 § 2-15 establishes that applicants for HUD-assisted housing have the right not to be refused or subjected to different terms based on race, color, religion, sex, disability, familial status, national origin, or the characteristics of people they associate with. If an applicant believes screening criteria were applied inconsistently, fees were set differently, or a household with young children was improperly turned away, a complaint may be filed with the U.S. Department of Housing and Urban Development. Tenant-rights organizations and legal aid offices can help individuals understand what documentation may be relevant and what complaint processes are available.
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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