HUD Handbook 4350.3 § 4-28
Ensuring That Screening Is Performed Consistently (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
A. Procedures
While owners have discretion in establishing screening criteria, they must apply
the criteria consistently to all applicants. To ensure that applicants are treated
consistently during the screening process, good practice suggests that owners
should:
1. Use consistent staffing. Have one or a limited number of staff conduct the
screening to reduce inconsistencies that occur, because employees may
interpret policies and procedures differently.
2. Provide instructions. Develop step-by-step instructions for staff who are
conducting screening activities to help to ensure consistency.
3. Use standard forms. Whenever possible, use standard forms to
document fair practices and to increase the likelihood that each applicant
will receive the same consideration.
4. Use objective criteria. For example, when interviewing an applicant’s
former landlord about rent payment and rental history, the owner should
ask fact-based questions. Owners must avoid subjective questions that
ask for opinions or do not directly relate to the tenant's ability to meet the
requirements of the lease. (See Figure 4-7 for examples of appropriate
and inappropriate questions.)
5. Follow a formal, written process for collecting information. Owners must
not take into consideration informal information or “gossip” about an
applicant. Such information may be discriminatory and will affect
applicants inconsistently since the owner does not collect it for all
applicants.
B. Extenuating Circumstances
An owner may have a policy to consider extenuating circumstances that would
allow acceptance of an applicant whom the owner would normally reject, but an
owner must not have a reverse policy to consider extenuating circumstances to
reject an applicant who was determined to be eligible. If the applicant is a
person with disabilities, the owner must consider extenuating circumstances
where this would be required as a matter of reasonable accommodation (see
Chapter 2, Subsection 4 for information on Reasonable Accommodation).
Example – Extenuating Circumstances
Through the screening process, an owner learns that Asad Bhatt was evicted from his last
apartment for nonpayment of rent. The owner rejects Asad Bhatt’s application and informs
him of the reason for the rejection. Asad explains that his failure to pay rent on time
resulted from the need to purchase expensive medications for his seriously ill wife. His wife
is now well, and his medical expenses have been paid. Asad asks for reconsideration of
his application, because he believes he will be able to pay rent on time.
If the owner has a policy of considering extenuating circumstances for any tenant, the
owner would be required to consider the extenuating circumstances applicable to Asad. In
evaluating whether to accept Asad as a tenant, the owner may verify that Asad paid rent on
time prior to his wife's illness and that medical expenses have been paid. If the owner
learns from a landlord reference that Asad’s rent had been chronically late prior to his wife's
illness, the owner may deny admission to Asad in accordance with the owner’s written
screening procedures. If the owner does not have a policy of considering extenuating
circumstances, the owner may not consider such circumstances as described by Asad.HUD Handbook 4350.3 REV-1 CHG-4 § 4-28 establishes that while housing owners may set their own applicant screening criteria, those criteria must be applied uniformly to every applicant. The provision outlines recommended practices — such as using consistent staff, standard forms, written procedures, and objective questions — to reduce the risk of unequal treatment. It also addresses extenuating circumstances, specifying that an owner may choose to consider mitigating factors in favor of an applicant, but may never apply a reverse policy that uses extenuating circumstances as a basis for rejection of an otherwise eligible applicant.
Plain English — not legal advice.
Under § 4-28, compliant operators generally maintain written, step-by-step screening procedures and assign a limited number of trained staff to conduct applicant reviews, reducing the chance that different employees interpret policies differently. Standard forms and fact-based reference questions — rather than opinion-based or irrelevant inquiries — are hallmarks of a consistent screening process, and informal information or 'gossip' about applicants must not factor into any decision. If an owner adopts a policy of considering extenuating circumstances, that policy must be applied evenhandedly to all applicants who request reconsideration, and for applicants with disabilities, reasonable accommodation obligations under Chapter 2, Subsection 4 may independently require consideration of such circumstances.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 4-28 of HUD Handbook 4350.3 REV-1 CHG-4 gives applicants a basis to expect that screening criteria are applied the same way to everyone — meaning an owner cannot use informal rumors, inconsistent standards, or subjective opinion-based questions to evaluate one applicant differently from another. If an owner has a written policy allowing extenuating circumstances to be considered, that policy must be made available to all applicants on equal terms; it cannot be selectively applied. Applicants who believe screening was conducted inconsistently or that their extenuating circumstances were improperly ignored may consider raising the issue with the property's management in writing, contacting a local tenant-rights organization, or filing a fair housing complaint with the U.S. Department of Housing and Urban Development.
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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