HUD Handbook 4350.3 § 2-31
Determining Eligibility of Applicants for Admission and Assistance (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
A. In applying the nondiscrimination requirements of Section 504 and the Fair
Housing Act regarding persons with disabilities, owners must ensure that the
policies used at properties covered by this section are consistent with the
requirements in this paragraph and paragraphs 2-32 and 2-33 below.
B. Owners must determine the eligibility of each applicant on a case-by-case basis.
C. Owners must admit applicants in accordance with the eligibility requirements of
the particular program/project. (See Chapter 3.)
D. Owners must uniformly apply the eligibility and tenant selection criteria to all
applicants. (See Chapter 4.)
Nondiscrimination and Promote Accessibility
E. Owners must not make certain inquiries to determine eligibility.
1. The Fair Housing Act regulations state that it is unlawful for an owner to
inquire:
a. Whether an applicant for a dwelling, a person intending to reside
in a dwelling after it becomes available, or anyone associated with
an applicant or resident, has a disability; or
b. As to the nature or severity of a disability of such person(s).
2. Owners may, however, make the following inquiries, provided these
inquiries are made of all applicants, whether or not they are persons with
disabilities:
a. Inquiry into an applicant’s ability to meet the requirements of
tenancy; and
b. Inquiry to determine if an applicant is a current illegal abuser or
addict of a controlled substance.
3. Some properties may be lawfully restricted to persons with disabilities in
general, or to persons that fall within one or more of three categories of
disability (i.e., physical disability, developmental disability, chronic mental
illness), such as Section 811 PRAC properties or Section 202 Direct Loan
properties. Owners of such properties may make inquiries of all
applicants to determine whether:
a. An applicant qualifies for the housing that is available only to
persons with disabilities, or to members of the category of
disability served by the project; and
b. An applicant qualifies for a priority available to persons with
disabilities or to persons with a particular category of disability.
4. It is unlawful for an owner to make inquiries designed to determine
whether an applicant may live independently.
5. It is a good practice for a property’s rental application to define “disability”
per program requirements and then ask if the applicant qualifies as a
person with disabilities under that definition. The application should also
advise all tenants that if they have a disability, and need a reasonable
accommodation in order to participate in the application process or to
make effective use of the housing program, they have the right to request
such an accommodation. The application should define reasonable
accommodation and explain the process by which the housing provider
will consider requests for reasonable accommodations.
Nondiscrimination and Promote Accessibility
6. For a discussion of applicable marketing, application, and screening
practices, see Chapter 4.
Example – What Owners May Ask or Must Not Ask Applicants Applying
for Accessible Units
An owner offers accessible units to persons needing the features of these
units on a priority basis. The provider may ask applicants whether they have
a disability such that they will benefit from the features of the units, but may
not in such circumstances ask applicants whether they have other types of
impairments.
F. Owners may verify a person’s disability but must adhere to certain verification
guidelines.
1. The owner may verify a person’s disability only to the extent necessary to
document that applicants:
a. Are qualified for the housing for which they are applying **(see
Figure 3-5 on determining project eligibility and Figure 3-6 for
applicable disability definitions by program type):**
b. Are qualified for deductions used in determining adjusted income;
c. Are entitled to any preference they may claim;
d. Who have requested a reasonable accommodation have a
disability-related need for the requested accommodation or
modification; and
e. Need the design features of the unit.
2. Owners may not require applicants to provide access to confidential
medical records in order to verify a disability.
3. Additional information on verifying eligibility of persons with disabilities
can be found in paragraph **3-28** B and in **Appendix 6**.HUD Handbook 4350.3 REV-1 CHG-4 § 2-31 establishes how owners of covered HUD-assisted properties must handle applicant eligibility determinations, particularly regarding disability. The rule requires that each applicant be evaluated individually and that eligibility criteria be applied uniformly to everyone. It also draws clear lines around what disability-related questions are permitted or forbidden under the Fair Housing Act and Section 504, and limits disability verification to only what is necessary for specific, defined purposes.
Plain English — not legal advice.
Under § 2-31, compliant operators evaluate each applicant individually and apply the same eligibility and tenant selection criteria to all applicants without exception. Rental applications at covered properties generally define 'disability' per program requirements, explain the reasonable accommodation process, and avoid any inquiry into whether an applicant has a disability or its nature or severity. When verifying disability, operators limit their requests to information strictly necessary for the purposes enumerated in § 2-31(F)—such as confirming program eligibility or a need for reasonable accommodation—and do not seek access to confidential medical records.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 2-31 of HUD Handbook 4350.3 REV-1 CHG-4 gives applicants for HUD-assisted housing the right to be evaluated on a case-by-case basis without being asked about the existence or severity of any disability. If an owner asks questions that appear to violate these boundaries, tenants may raise that as a fair housing concern. Potential enforcement paths include filing a complaint with the U.S. Department of Housing and Urban Development or consulting a local tenant-rights organization familiar with Section 504 and Fair Housing Act protections.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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