Skip to main content

Search

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.2.1 Introduction

All affordable housing providers are governed by rules concerning tenant eligibility. For admission to public housing and issuance of a Voucher, PHAs are governed by eligibility regulations. Owners of HUD-assisted and subsidized housing also must determine applicant eligibility. Landlords deciding whether to rent to a voucher holder do not determine eligibility. However, they may screen an applicant for suitability, which often includes a review of the applicant’s tenancy, credit, and criminal history.

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.2.2.3 Definition of Annual Income

To determine family income for purposes of eligibility, HUD has developed a uniform income definition for the public housing, Section 8, Section 221(d)(3), Section 236 and Section 236 Rental Assistance Payments (RAP), Housing Opportunities for Persons with AIDS, and the Shelter Plus Care programs.54 HUD’s definition of annual income is also used to calculate income for purposes of the Low-Income Housing Tax Credit program.55 For admission purposes, income is the family’s gross annual income, not adj

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.2.2.4 Asset Limitation and Impact of Assets

For public housing and Section 8 programs, a family cannot be assisted if their “net family assets” exceed $100,000 or if they have a present ownership interest in, and with legal authority to sell, real property that is suitable for occupancy by the family.58 The latter condition does not apply to property for which the family is using a Voucher to purchase the property; any person who is a victim of domestic violence; or any family that is offering the property for sale.59 A PHA or owner can deter

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.2.2.5 Occupancy by Police Officers and Security Personnel

Police officers who are over-income may reside in public housing and project-based Section 8 developments.66 For public housing, PHAs must include in the PHA Plan a policy that has the purpose of increasing security. For project-based Section 8 developments, owners may, with HUD approval, allow police or other security personnel to reside in the property without consideration of their income.67 Owners admitting such persons will continue to receive Section 8 assistance for the unit.

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.2.3.1 Overview

Applicants for federally subsidized housing must meet the PHA or owner’s definition of family. For public housing and Section 8 programs, the definition of family includes families with children.68 It also includes single persons.69 Elderly families, near-elderly families, and disabled families are further defined by statute.

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.2.3.2 Related by Blood, Marriage or Operation of Law

The statute broadly defines family. Significantly, there is no federal definition that limits a family to individuals who are related by blood, marriage, or operation of law. In fact, the statute defines an elderly, near-elderly, and disabled family to include two or more elderly, near-elderly, or disabled persons living together.74 Thus, implicit in the statute is a rejection of any requirement that these individuals must be related by blood, marriage or operation of law.

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.2.3.3 Children and Foster Care

Applicants for federally assisted housing face several different foster care issues. Problems arise both because an applicant’s children are in foster care and because a family includes foster children. These issues are discussed in detail in this subsection.

Applicants Awaiting Return of Children in the Foster Care System. An applicant who is seeking the return of their children may be unfairly denied an admission preference if they are treated as a single adult without children. There also may be issues regarding eligibility for a particular unit size.

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.2.3.5 Pregnant Women

The Fair Housing Act provides that the protections against discrimination on the basis of familial status include pregnant women.107 Thus, policies and practices of PHAs and owners should not discriminate against pregnant women. A single pregnant woman should receive the same eligibility and preference treatment as a mother with a child.

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.2.3.6 Minor Head of Household

In some jurisdictions, PHAs have set a minimum age for admission to avoid entering into unenforceable leases. PHAs often stress that such policies are necessary where the applicable state law provides that a minor’s contracts are voidable, except for contracts for reasonable value of necessities.108 PHAs have argued that any contract for public housing entered into by a minor may not be enforceable, because public housing is not a per se necessity.109

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.2.3.9 Displaced Person

A displaced person is eligible for public and Section 8 housing. Under federal law, a “displaced person” is defined as an individual who is displaced by government action or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster.159 The inclusion of displaced persons within the class of individuals eligible for public and Section 8 housing has less significance now that any single individual is eligible for such housing.

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.2.3.10 Other Singles

Single individuals are eligible for public housing, the Voucher program, and other HUD-assisted and subsidized housing.160 For the public housing and Section 8 programs, the statute provides that other singles (i.e., non-elderly, and non-disabled) are eligible only for an efficiency (studio) or a one-bedroom unit.161 For Sections 236 or 221(d)(3) developments without Section 8 assistance, there is no equivalent statutory prohibition regarding single individuals residing in two or more b

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.2.3.11 Live-in Aide

A live-in aide or attendant for an elderly, near-elderly, or disabled individual may reside in public housing, a unit supported with a Voucher, or other HUD-assisted and subsidized housing.162 To qualify as a live-in aide, the individual must be essential to the care and well-being of the eligible elderly, near-elderly, or disabled person(s) and should not be living in the unit except to provide necessary support services.163 HUD recognizes that a relative may be a live-in aide if the relative m

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.2.4 Citizenship and Immigration Status

Many federally subsidized housing programs are open only to citizens and certain eligible immigrants.195 In determining which immigration eligibility rules apply, advocates must identify the housing program involved, the rules that apply to that program, and the immigration status of members of the applicant family. This section discusses the immigration eligibility rules that apply to public housing, the Voucher program, and HUD-assisted and subsidized housing.

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.2.5 Social Security Number Requirements

HUD regulations require disclosure, documentation and verification of applicants’ Social Security Numbers (SSNs).257 The programs covered by these regulations include public housing; Vouchers; all other programs under Section 8 of the Housing Act of 1937; Section 202; Section 221(d)(3); Section 236; and Section 811.258 With limited exceptions as described in this subsection, every member of an applicant household must disclose their SSNs to the PHA or owner, along with documentation to verify th

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.2.6.2 Eligible Student Status

Public Housing. For admission to the public housing program as a head or co-head of household, a college student must be of legal age or an emancipated minor under state law.285 PHAs may adopt additional eligibility standards for admitting college students.286 For example, a PHA may require that the student provide a signed certification that the student does not anticipate receiving financial support from the student’s parent or guardian; that the student have establis