HUD Handbook 4350.3 § 2-27
Nondiscrimination in Owner Policies (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
A. Both Section 504 and the Fair Housing Act prohibit owners from following
policies or practices that discriminate overtly on the basis of disability.
Example – Discriminatory Policies and Practices
An owner may not have a policy requiring tenants with
disabilities to carry personal liability insurance, when it does
not require tenants without disabilities to carry such insurance.
An owner may not have a policy which prohibits tenants from
having live-in-aides or using assistive devices in certain parts
of the premises.
B. Owners are also obligated to modify any neutral policies which have the effect of
discriminating on the basis of disability.
Example – Neutral Discrimination Policies
An owner must modify a “no animals” policy to allow a tenant
with a disability who needs an assistance animal as a result of
his or her disability, to have that animal.
NOTE: Housing policies that owners can demonstrate are essential to the
project will not be regarded as discriminatory under this requirement if
modifications to such policies would result in a fundamental alteration in the
nature of the housing program or activity or undue financial and administrative
burden. (See paragraph 2-42.)
C. Owners must not fail to provide reasonable accommodations when such
accommodations may be necessary to afford a person with disabilities equal
opportunity to use and enjoy a dwelling unit and the public and common areas.
(Refer to Subsection 4: Reasonable Accommodations for more information
about reasonable accommodations.)
Nondiscrimination and Promote Accessibility
D. Owners must ensure that their policies and procedures do not have a disparate
or impact on persons with disabilities. Refer to paragraph 2-18 C for a
discussion of “disparate impact.”
E. Owners are not required to provide supportive or other services (e.g., counseling,
medical or social services) that fall outside the scope of the applicable housing
program for the property. The test for what the owner must provide is whether,
with appropriate modifications, the applicant can achieve the purpose of the
program offered, not whether the applicant/tenant could benefit or obtain results
from some other program that the owner does not offer.
NOTE: Applicants who need services not provided by the project must be
allowed to arrange for those services on their own.HUD Handbook 4350.3 REV-1 CHG-4 § 2-27 establishes that housing owners covered by Section 504 and the Fair Housing Act may not maintain policies that explicitly or effectively discriminate against people with disabilities. This applies both to overtly discriminatory rules—such as singling out tenants with disabilities for special insurance requirements—and to facially neutral policies, like blanket "no animals" rules, that must be modified to accommodate assistance animals when needed. Owners must also provide reasonable accommodations so that people with disabilities have equal opportunity to use and enjoy their homes, though owners are not required to offer supportive services outside the scope of their housing program.
Plain English — not legal advice.
Under HUD Handbook 4350.3 REV-1 CHG-4 § 2-27, compliant operators review all written and unwritten policies to ensure none single out residents with disabilities for different treatment, such as imposing insurance requirements only on that group. Operators also evaluate neutral policies—like pet or animal restrictions—to determine whether modifications are needed to accommodate assistance animals or other disability-related needs, unless a modification would fundamentally alter the program or impose an undue burden. Maintaining clear, documented procedures for handling reasonable accommodation requests is a hallmark of operators who meet the nondiscrimination standards set out in this section.
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 § 2-27 gives tenants and applicants with disabilities the right to be free from policies that treat them differently because of their disability, as well as the right to request modifications to neutral policies—such as a "no animals" rule—when an assistance animal is needed. Tenants who believe a policy violates these protections may raise the issue as a defense in housing proceedings, file a complaint with the U.S. Department of Housing and Urban Development, or reach out to a local tenant-rights organization for general information. If outside supportive services are needed that the property does not offer, § 2-27 also makes clear that tenants must be permitted to arrange those services independently.
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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