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.