HUD Handbook 4350.3 § 4-23

General (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)

HUD guidance — not codified law
In Force
Verified 11/9/2026 · Next check 11/16/2026
effective 9/24/2026FederalSection 8 HCV

Operative Text

HUD Handbook 4350.3 § 4-23
A.       Once an owner has solicited applications and developed a waiting list for
                 applicants for whom no unit is immediately available, the owner must select
                 applicants from the waiting list and offer units in the order required by HUD rules
                 and owner policies. This section describes options for the owner and provides
                 guidance on how to carry out these activities.

        B.       When a unit becomes vacant, the owner must select the next applicant from the
                 waiting list based on the unit size available, preferences established for the
                 property, income-targeting policies and requirements, *disclosure and verification
                 of SSN(s)* and screening policies applied by the owner. The owner will select
                 the first name on the waiting list for the appropriate unit size (or list of names for
                 units reserved for disabled applicants) and make a final determination of eligibility
                 and suitability for tenancy, using the criteria described in Chapter 3, Sections 1
                 and 2, and the procedures in this section.
Source: Legislative text reproduced verbatim
Plain English

HUD Handbook 4350.3 REV-1 CHG-4 § 4-23 establishes how owners of HUD-assisted properties must fill vacant units. When a vacancy arises, the owner is required to work through the waiting list in order, taking into account the available unit size, any established preferences, income-targeting requirements, Social Security Number disclosure and verification, and the owner's screening policies. Eligibility and suitability for tenancy are then determined using the criteria set out in Chapter 3, Sections 1 and 2 of the same Handbook.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 25, 2026

Plain English — not legal advice.

For Property Managers

Under HUD Handbook 4350.3 REV-1 CHG-4 § 4-23, compliant operators maintain a waiting list and fill vacancies by selecting applicants in the sequence the list requires, rather than on a discretionary basis. When a unit opens up, operators match the vacancy to the appropriate unit size, apply any property-specific preferences and income-targeting rules, confirm Social Security Number disclosure and verification, and run applicants through established screening criteria before making a final eligibility determination. Documenting each step of this process helps demonstrate adherence to HUD rules and owner policies.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

HUD Handbook 4350.3 REV-1 CHG-4 § 4-23 gives applicants on a waiting list the right to be considered for vacancies in the order established by HUD rules and the property's own policies, rather than at the owner's unchecked discretion. If an applicant believes they were skipped over or passed up in violation of these ordering requirements, they may raise that concern with the property's management, contact the local HUD field office, or reach out to a tenant-rights or fair housing organization for general information about available options. Keeping records of application dates, correspondence, and any notices received can be useful when pursuing a concern 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 25, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 24, 2026
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Related Rules

§ 888.113
§ 888.113 Fair market rents for existing housing: Methodology.
§ 888.115
§ 888.115 Fair market rents for existing housing: Manner of publication.
§ 0770-01-05-.05
CONFLICT OF INTEREST.

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