HUD HCV Guidebook § 13.2

Non-discrimination (HUD HCV Guidebook)

HUD guidance — not codified law
In Force
Verified 11/9/2026 · Next check 11/16/2026
effective 9/25/2026FederalSection 8 HCV

Operative Text

HUD HCV Guidebook § 13.2
All decisions to deny assistance are subject to civil rights and antidiscrimination laws such as the Fair Housing
Act, Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, Titles II or III of the Americans with
Disabilities Act, and the Violence Against Women Act (VAWA).78 Violence Against Women Act (VAWA) means
the Violence Against Women and Department of Justice Reauthorization Act of 2005 and the Violence Against
Women Reauthorization Act of 2013. The PHA must79 not deny admission solely based on certain family
characteristics, including families with children, families with unwed parents or children born out of wedlock,
families that receive public assistance, or whether the family decides to participate in the family self-
sufficiency program (FSS). The PHA is also prohibited80 from denying admission on the basis of any protected
class, including age, race, color, religion, sex, national origin, familial status, and disability. Consistent with
HUD’s Equal Access Rule, HUD-assisted and HUD-insured housing must be made available without regard to
actual or perceived sexual orientation, gender identity, or marital status.81

77
   24 CFR § 982.552(a)(2)
78
   24 CFR § 982.552(c)(2)(v)
79
   24 CFR § 982.202(b)(3)(i), (ii), (v)
80
   24 CFR § 982.202(b)(3)(iii) and (iv)
81
   24 CFR § 5.105(a); PIH Notice 2014-20 (HA): Program Eligibility Regardless of Sexual Orientation, Gender
Identity or Marital Status as Required by HUD”s Equal Access Rule

For applicants with a disability, a PHA must grant a reasonable accommodation request made by an applicant
unless it constitutes an undue financial and administrative burden, a fundamental alteration to the program,
or results in a direct threat that cannot be reduced or eliminated by another reasonable accommodation. This
includes, for example, a reasonable accommodation request made by an applicant who was denied admission
due to a previous eviction from housing assisted under the program for serious violation of the lease where
the tenant claims that the eviction or lease violation was related to that tenant’s disability. More information
on reasonable accommodations and fair housing requirements can be found in the Fair Housing
Requirements chapter.

If an applicant is otherwise eligible, admission to the program may not82 be denied to the program on the
basis or as a direct result of the fact that the applicant is or has been a victim of domestic violence, dating
violence, sexual assault, or stalking. PHAs must83 notify applicants that protections are available to victims
under the Violence Against Women and Department of Justice Reauthorization Act of 2005 and the Violence
Against Women Reauthorization Act 2013, P. L. 113-4. See the Violence Against Women Act (VAWA) chapter
for information on VAWA requirements.
Source: Legislative text reproduced verbatim
Plain English

HUD Housing Choice Voucher Guidebook § 13.2 establishes that Public Housing Authorities (PHAs) are prohibited from denying Housing Choice Voucher assistance based on protected characteristics such as race, color, religion, sex, national origin, familial status, disability, age, sexual orientation, gender identity, or marital status. The provision also bars denial of assistance solely because an applicant has children, receives public assistance, or is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. When an applicant has a disability, the PHA is required to consider reasonable accommodation requests unless granting them would impose an undue burden, fundamentally alter the program, or fail to eliminate a direct threat.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 26, 2026

Plain English — not legal advice.

For Property Managers

While § 13.2 of the HUD Housing Choice Voucher Guidebook primarily governs Public Housing Authorities, property owners and managers participating in the Housing Choice Voucher program operate within the same overarching civil rights framework, including the Fair Housing Act and HUD's Equal Access Rule. Compliant operators generally maintain written non-discrimination policies, apply consistent screening criteria across all applicants regardless of protected class, and document the basis for any denial of tenancy. Operators also typically have procedures in place to evaluate and respond to reasonable accommodation requests from applicants or tenants with disabilities, consistent with the standards described in § 13.2.

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

For Tenants

Under HUD Housing Choice Voucher Guidebook § 13.2, applicants for voucher assistance have the right not to be denied based on protected characteristics, family composition, receipt of public assistance, or status as a survivor of domestic violence, dating violence, sexual assault, or stalking. If an applicant with a disability believes a denial was connected to that disability, § 13.2 recognizes the right to request a reasonable accommodation, which the PHA must consider. Applicants who believe their rights under this provision have been violated may raise the issue as a defense in an informal hearing with the PHA, file a fair housing complaint with the U.S. Department of Housing and Urban Development, or contact a local tenant-rights or fair housing organization for general guidance.

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 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 25, 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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