2-31 Determining Eligibility of Applicants for Admission and Assistance

• A. In applying the nondiscrimination requirements of Section 504 and the Fair Housing Act regarding persons with disabilities, owners must ensure that the policies used at properties covered by this section are consistent with the requirements in this paragraph and paragraphs 2-32 and 2-33 below.

• B. Owners must determine the eligibility of each applicant on a case-by-case basis.

• C. Owners must admit applicants in accordance with the eligibility requirements of the particular program/project. (See Chapter 3.)

• D. Owners must uniformly apply the eligibility and tenant selection criteria to all applicants. (See Chapter 4.)

HUD Occupancy Handbook Chapter 2: Civil Rights and Nondiscrimination Requirements

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Section 3: Additional Nondiscrimination and Accessibility Requirements for Persons with Disabilities

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Subsection 2: Policies and Procedures to Ensure Nondiscrimination and Promote Accessibility

• E. Owners must not make certain inquiries to determine eligibility.

  1. The Fair Housing Act regulations state that it is unlawful for an owner to inquire:

     • a. Whether an applicant for a dwelling, a person intending to reside in a dwelling after it becomes available, or anyone associated with an applicant or resident, has a disability; or

     • b. As to the nature or severity of a disability of such person(s).

  2. Owners may, however, make the following inquiries, provided these inquiries are made of all applicants, whether or not they are persons with disabilities:

     • a. Inquiry into an applicant’s ability to meet the requirements of tenancy; and

     • b. Inquiry to determine if an applicant is a current illegal abuser or addict of a controlled substance.

  3. Some properties may be lawfully restricted to persons with disabilities in general, or to persons that fall within one or more of three categories of disability (i.e., physical disability, developmental disability, chronic mental illness), such as Section 811 PRAC properties or Section 202 Direct Loan properties. Owners of such properties may make inquiries of all applicants to determine whether:

     • a. An applicant qualifies for the housing that is available only to persons with disabilities, or to members of the category of disability served by the project; and

     • b. An applicant qualifies for a priority available to persons with disabilities or to persons with a particular category of disability.

  4. It is unlawful for an owner to make inquiries designed to determine whether an applicant may live independently.

5. It is a good practice for a property’s rental application to define “disability” per program requirements and then ask if the applicant qualifies as a person with disabilities under that definition. The application should also advise all tenants that if they have a disability, and need a reasonable accommodation in order to participate in the application process or to make effective use of the housing program, they have the right to request such an accommodation. The application should define reasonable accommodation and explain the process by which the housing provider will consider requests for reasonable accommodations.

HUD Occupancy Handbook Chapter 2: Civil Rights and Nondiscrimination Requirements

6/07

2-27

Section 3: Additional Nondiscrimination and Accessibility Requirements for Persons with Disabilities

4350.3 REV-1

Subsection 2: Policies and Procedures to Ensure Nondiscrimination and Promote Accessibility

6. For a discussion of applicable marketing, application, and screening practices, see Chapter 4.