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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

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.3.2.3 Residency Preference

In adopting a residency preference for the public housing or Voucher programs, a PHA must state the preference in the PHA Plan.341 A PHA may define the geographical preference area, but it may be no smaller than the county or municipality.342 There is no special HUD approval required of a PHA’s local residency preference. HUD review and approval, if any, is conducted as part of HUD’s review of the PHA Plan.

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.3.3 Preference for Working Families

For public housing, Vouchers, and project-based Section 8, HUD regulations authorize PHAs and owners to adopt a preference for working families.354 If adopted, such a preference also must be extended to families whose head and spouse or sole member is an elderly or disabled person.355 If a PHA adopts such a preference for public housing or Vouchers, it must be included in the PHA Plan, the Admission and Continued Occupancy Plan and Administrative Plan.356

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.3.4 Preference for Single Persons and Persons with Disabilities

The regulations authorize a PHA or owner to prefer single individuals who are elderly, displaced, homeless or disabled over other singles.364 HUD has guidance on how property owners of project-based Section 8 housing could adopt admissions preferences for homeless individuals and families.365 The notice clarified HUD’s previously narrow interpretation of who qualified for the homelessness preference.

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.3.8 No Penalty for Public Housing Residents

Public housing residents applying for Vouchers may not be denied a preference nor otherwise excluded or penalized merely because they are public housing residents.384 In the past, residents of public housing faced difficulties obtaining Section 8 Vouchers because they were denied eligibility, not given preferences, or given the lowest preference available to applicants.385 The “otherwise excluded or penalized” language prohibits a PHA from denying its residents a preference that is available to

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.4.1 Introduction

Congress enacted income targeting provisions for public housing, the Voucher program and project-based Section 8 to ensure that poor people are provided access to a share of the low-income housing inventory and assistance.416 Income targeting does not apply to Section 202 PAC, Section 202 PRAC, Section 811 PRAC, RAP, Rent Supplement, Section 221(d)(3) BMIR, and Section 236 programs.417 In general, the statute and HUD rules governing income targeting require that a certain percentage of applicant

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.4.2 Public Housing

For public housing, PHAs are required to rent a minimum of 40 percent of new and turnover units to applicants who are extremely low-income (ELI) (at or below 30 percent of AMI).424 To comply with the targeting requirements, a PHA may admit ELI families ahead of other families on the waiting list.425 In many jurisdictions, a larger percentage of ELI families are admitted to public housing because waiting lists are composed mostly of ELI families, or PHAs choose not to use their discretion to rent

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.4.3 Voucher Program

A PHA must make 75 percent of its new and turnover Vouchers available to ELI families.431 In areas of unusually high or low incomes, a PHA may admit fewer ELI families with HUD approval.432 HUD approval must be in accordance with the PHA’s Annual Plan. This means that the PHA Plan should include a provision allowing targeting less than 75 percent of the Vouchers for families that are ELI. It is not clear whether the PHA Plan should be adjusted before or after the HUD approval.