HUD Handbook 4350.3 § 4-8
Prohibited Screening Criteria (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
HUD guidance — not codified law
In Force
Verified 9/24/2026 · Next check 10/1/2026
effective 9/24/2026FederalProtected Classes (Federal)Operative Text
HUD Handbook 4350.3 § 4-8
Owners are prohibited from establishing any of the following types of screening criteria.
A. Criteria That Could Be Discriminatory
Owners must comply with all applicable federal, state or local fair housing and
civil rights laws and with all applicable civil rights related program requirements.
1. Owners may not discriminate based on race, color, religion, sex, national
origin, age, familial status, or disability.
2. Owners may not discriminate against segments of the population (e.g.,
welfare recipients, single parent households) or against individuals who
are not members of the sponsoring organization of the property. Owners
may not require a specific minimum income, except as allowed by
paragraph 4-7 E.3 of this Handbook.
3. These prohibitions apply to (1) accepting and processing applications; (2)
selecting tenants from among eligible applicants on the waiting list; (3)
assigning units; (4) certifying and recertifying eligibility for assistance; and
(5) all other aspects of continued occupancy.
4. Complaints alleging violations of these prohibitions must be referred to
HUD’s Regional Offices of Fair Housing and Equal Opportunity.
B. Criteria That Require Medical Evaluation or Treatment
1. Owners may not require applicants to undergo a physical exam or
medical testing such as AIDS or TB testing as a condition of admission.
2. Owners may not require pregnant women to undergo medical testing to
determine whether she is pregnant in order to assign a unit with the
appropriate number of bedrooms.
3. Owners may uniformly require all applicants to provide evidence of an
ability to meet the obligations of tenancy, but owners may not impose
greater burdens on persons with disabilities. Persons with disabilities
may meet the requirements of the lease with the assistance of others,
including an assistance animal, a live-in aide, or with services provided by
someone who does not live in the unit.
C. Criteria That Require Meals and Other Services
Owners may not require tenants to participate in a meals program that is not
approved by HUD.
NOTE: 24 CFR, part 278, prohibits HUD from approving new mandatory meals
programs after April 1, 1987.
D. Criteria That Require Donation or Contribution
Owners must not require a donation, contribution, membership fee, application
fee, or processing fee as a condition of admission. Cooperative housing projects
may charge a membership fee. Owners may not require any payments that are
not described in the lease.
E. Criteria That Inquire about Disabled Status
It is unlawful for an owner to make an inquiry to determine whether an applicant,
or any person associated with the applicant, has a disability or to make an inquiry
about the nature or severity of a disability. However, in accordance with
paragraph 4-29, an owner may request supporting documentation in order to
verify whether an individual is a qualified individual with a disability when an
applicant requests an accessible unit or a reasonable
accommodation/modification and must adhere to the guidelines as set forth in 2-
31 F. (Refer to Chapter 2 for more information on fair housing requirements.)
F. Criteria Prohibited by State and Local laws
Owners must adhere to state and local laws that prohibit certain screening
criteria.Source: Legislative text reproduced verbatim
Effective Timeline
Current
Sep 24, 2026
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Related Rules
§ 5.105
§ 5.105 Other Federal requirements.
§ 8.50
§ 8.50 Assurances required.
§ 8.57
§ 8.57 Procedure for effecting compliance.