4-9 Rejecting Applicants and Denial of Rental Assistance

• A. Key Requirements

  1. Prohibition of discrimination in the denial of tenancy or rental assistance. Owners must not discriminate against an applicant based on race, color, religion, sex, national origin, familial status, or disability. (See Chapter 2 for additional information.)

  2. Prohibition of denying assistance to victims of domestic violence, dating violence or stalking (applicable to the Section 8 program only). The VAWA protects victims of domestic violence, dating violence or stalking, as well as their immediate family members, from being denied housing assistance if an incident of violence is reported and confirmed. An applicant’s status as a victim of domestic violence, dating violence, or stalking is not a basis for denial of rental assistance or for denial of admission, if the applicant otherwise qualifies for assistance or admission. (See Chapter 4, Paragraph 4-4.C.9 and Chapter 6, Paragraph 6-5.G.1 for more information on the VAWA protections.)

  3. Prompt notification. Owners must promptly notify the applicant in writing of the denial of admission or assistance.

HUD Occupancy Handbook Chapter 4: Waiting List and Tenant Selection

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Section 1: Tenant Selection Plan

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• B. Conditions under Which Owners May Reject Applicants

An owner may reject an applicant if the applicant:

1. Is ineligible for occupancy in a particular unit or property (see Chapter 3, Sections 1 and 2 for eligibility requirements);

2. *Is unable to disclose and provide verification of SSNs for all household members, except for those household members who do not contend eligible immigration status or tenants who were 62 or older on January 31, 2010, whose initial determination of eligibility was begun before January 31, 2010. *

3. Does not sign and submit verification consent forms or the Authorization for Release of Information (forms HUD-9887 and HUD-9887-A);

4. Has household characteristics that are not appropriate for the specific type of unit available at the time, or has a family of a size not appropriate for the unit sizes that are available;

NOTE: In such cases, the owner may deny the applicant admission to a specific unit, but the applicant may continue to wait for another unit. See the example below.