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Question:
What are HUD’s document retention requirements?

Answer:

Applicant files:

A. The owner must retain current applications as long as their status on the waiting list is active.

B. Once the applicant is taken off the waiting list, the owner must retain the application, initial rejection notice, applicant reply, copy of the owner’s final response, and all documentation supporting the reason for removal from the list for three years.

C. When an applicant moves in and begins to receive assistance, the application must be maintained in the tenant file for the duration of the tenancy and for three years after the tenant leaves the property.

D. All files must be kept secure so that personal information remains confidential.

E. **The applicant’s or tenant’s file should be available for review by the applicant or tenant upon request or by a third party who provides signed authorization for access from the applicant or tenant.”

F. **The owner must dispose of applicant and tenant files and records in a manner that will prevent any unauthorized access to personal information, e.g., burn,pulverize, shred, etc.”

G. Owners must keep records and submit reports and information as required by HUD to enable HUD and the owner to ascertain whether the owner has complied, or is complying with, nondiscrimination requirements. (See Chapter 2.)

Tenant Files:

A. Owners must keep the following documents in the tenant’s file at the project site:

1. All original, signed forms HUD 9887 and HUD 9887-A;

2. A copy of signed individual consent forms; and

3. Third-party verifications.

B. Owners must maintain documentation of all verification efforts throughout the term of each tenancy and for at least three years after the tenant moves out

C. **The tenant’s file should be available for review by the tenant upon request or by a third party who provides signed authorization for access from the tenant.**

D. Owners must maintain applicant and tenant information in a way to ensure confidentiality. Any applicant or tenant affected by negligent disclosure or improper use of information may bring civil action for damages and seek other relief, as appropriate, against the employee. Forms HUD 9887 and 9887-A describe the penalties for the improper use of consent forms.

E. **Owners must dispose of tenant files and records in a manner that will prevent any unauthorized access to personal information, e.g., burn, pulverize, shred, etc.**

Record-Keeping Requirements for HUD-50059, HUD-50059-A and   Vouchers

1. Owners must keep the signed HUD-50059(s) and copies of the HUD-50059-A(s) for tenants from the time of move-in to move-out and for a *minimum of three years thereafter. Owners may move older records offsite when files get large, however, upon request, the files must be made available for review by HUD or the Contract Administrator.

2. Owners must keep a signed paper copy of the subsidy vouchers for atleast five years after HUD or the Contract Administrator action.

3. Owners must dispose of all files and records in a manner that will prevent any unauthorized access to personal information, e.g.,pulverize, shred, etc.

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