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federalUnited StatesSection 8 Project-Based Rental Assistancetenant_selection

HUD prohibits four classes of screening criterion outright, including any specific minimum income, medical testing, and any greater burden placed on a person with a disability

mfh.tenant_selection.screening_criteria_that_are_prohibited_outright · v1.0.0

Owners are prohibited from establishing certain screening criteria. They may not discriminate based on race, colour, religion, sex, national origin, age, familial status or disability, nor against segments of the population such as welfare recipients or single parent households, nor against individuals who are not members of the sponsoring organisation of the property; and they may not require a specific minimum income except as paragraph 4-7.E.3 allows. These prohibitions apply to accepting and processing applications, selecting tenants from among eligible applicants on the waiting list, assigning units, certifying and recertifying eligibility for assistance, and all other aspects of continued occupancy; complaints alleging violations must be referred to HUD's Regional Offices of Fair Housing and Equal Opportunity. Owners may not require applicants to undergo a physical exam or medical testing such as AIDS or TB testing as a condition of admission, and may not require a pregnant woman to undergo testing to determine whether she is pregnant in order to assign a unit with the appropriate number of bedrooms. Owners may uniformly require all applicants to provide evidence of an ability to meet the obligations of tenancy, but may not impose greater burdens on persons with disabilities: a person with a disability may meet the requirements of the lease with the assistance of others, including an assistance animal, a live-in aide, or services provided by someone who does not live in the unit. And owners may not require tenants to participate in a meals programme that is not required by the programme itself.

Confidence
high
Effective from
2013-11-27
Last reviewed
2026-09-07

Citations

All sources verified within 1 day
  • HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 4, Waiting List and Tenant Selection
    para. 4-8, Prohibited Screening Criteria
    binding_agency_guidanceSource ↗verified 1d ago
  • HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 4, Waiting List and Tenant Selection
    para. 4-8.A.2
    binding_agency_guidanceSource ↗verified 1d ago
  • HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 4, Waiting List and Tenant Selection
    para. 4-8.B.3
    binding_agency_guidanceSource ↗verified 1d ago