HUD Handbook 4350.3 § 3-28
Verification of Family Type and Individual Status (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
A. Overview
Eligibility for certain projects (as identified in Section 2 of this chapter), certain
income deductions, and preferences are based upon whether the family is
identified as elderly or disabled, or whether a family has any individual members
who are elderly or disabled. Therefore, verifications of age and disability status
are very important issues in determining eligibility and rent.
B. Disability
An owner may verify disability to determine whether a family or person meets the
definition of disability used to determine eligibility for a project, preferences, or an
allowance, or to identify applicant needs for features of accessible units or
reasonable accommodations. The owner may not specifically ask for or verify
the nature and extent of the disability. There are ways to verify disability status
without obtaining detailed information or information that must not be collected.
Verification of disability may be obtained through the following methods:
1. A third-party verification form may be sent by the owner to an appropriate
source of information, including but not limited to *a physician,
psychologist, clinical social worker, other licensed health care*, or the
Veterans Administration.
a. If a third-party form is used, it must be signed by the applicant
authorizing the release of such information to the owner.
b. The form should provide the definitions of disability used to
determine eligibility and rent and should request that the source
completing the form identify whether the applicant meets the
definition. In this way the owner is not required to make any
judgments about whether a condition is considered a disability,
and will not have prohibited information.
2. Receipt of social security disability payments is adequate verification of
an individual’s disability status for programs listed in Figure 3-5 that use
definition E for person with disabilities. Such information is obtained
through verification of the social security disability payments. See the
discussion in Chapter 5, Section 3.
NOTE: Applicants who meet the Social Security's definition of disabled
are eligible even if they do not receive social security benefits. The
Section 202 and Section 811 programs do not use this definition of
disability, *therefore*, this note does not apply to applicants for units in
Section 202 or 811 projects. *Because the Disability Status in EIV is not
always accurate, owners must not use this status for determining an
applicant’s or tenant’s eligibility as disabled for a HUD program or for
receiving the elderly/disabled household allowance. Owners must obtain
current tenant-provided documentation, or verification directly from the
Social Security office to determine whether an applicant or tenant meets
their definition as disabled for programs listed in Figure 3-5 that use
definition E for person with disabilities.*
3. Receipt of a veteran's disability benefits does not automatically qualify a
person as disabled, because the Veteran's Administration and Social
Security Administration define disabled differently.
C. Age
Owners may need to verify age for several reasons: to determine eligibility for a
property restricted to elderly persons or families or to determine whether a
person is old enough to sign a legally binding contract. Owners may also need to
verify age to determine whether a family is entitled to certain allowances based
upon the age of the head, spouse, co-head, or minor. Verification of age may be
obtained using any of the documents listed in Appendix 3.HUD Handbook 4350.3 REV-1 CHG-4 § 3-28 establishes how housing providers participating in covered HUD programs must verify whether a family or individual qualifies as elderly or disabled for purposes of eligibility, rent calculations, and preferences. Owners are permitted to confirm that a disability exists and whether it meets a program's specific definition, but they are expressly prohibited from inquiring into the nature or extent of that disability. Age verification follows a separate track, relying on documents listed in Appendix 3 to confirm eligibility for age-restricted properties or applicable allowances. The provision also cautions that the Enterprise Income Verification (EIV) system's disability status field is not reliable enough to serve as the sole basis for disability determinations.
Plain English — not legal advice.
Under HUD Handbook 4350.3 REV-1 CHG-4 § 3-28, compliant operators typically use third-party verification forms—sent to licensed health care providers, psychologists, clinical social workers, or the Veterans Administration—that ask only whether an applicant meets the program's defined disability criteria, not the underlying diagnosis or severity. Owners generally obtain a signed release from the applicant before sending any such form, and they do not rely on EIV disability status alone; instead, they secure current tenant-provided documentation or direct confirmation from the Social Security Administration when definition E applies. For age verification, operators routinely collect the documents enumerated in Appendix 3 to confirm eligibility for elderly-restricted units or household allowances tied to the age of the head, spouse, co-head, or a minor.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 3-28 of HUD Handbook 4350.3 REV-1 CHG-4 gives applicants and tenants important protections: a housing provider covered by this handbook may confirm that you meet a disability definition, but may not ask about the nature or extent of your disability. If you believe a property owner has requested prohibited medical details or has improperly denied an eligibility determination or allowance based on faulty EIV data rather than proper documentation, you may raise that concern as a defense in any administrative proceeding, file a complaint with the U.S. Department of Housing and Urban Development, or reach out to a local tenant-rights organization for general guidance. Keeping copies of any verification forms you sign, as well as documentation you provide, can help you understand what information was shared and with whom.
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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