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CHAPTER 3: ELIGIBILITY FOR ADMISSION

3-1. INCOME LIMITS

a\. POLICY

\(1\) PHAs must use the HUD-prescribed income limits.

PHAs may not set their own income limits or modify

the HUD-prescribed income limits.

\(2\) HUD usually sets the lower income limits at 80% of

the median income for the area, adjusted for

family size. HUD may establish a level higher or

lower than 80% because of prevailing construction

costs or unusually high or low family incomes in

the area.

\(3\) HUD usually sets the very low income limits at

50/\', of the median income for the area, adjusted

for family size. HUD may establish a level higher

or lower than 50% because of unusually high or low

family incomes in the area.

b\. DISCUSSION

\(1\) Because income limits vary from area to area, an

applicant may be eligible at one PHA but not at

another.

\(2\) Because the number of family members is a factor

in setting the income limits, a change in the

number of family members may affect an applicant\'s

eligibility.

\(3\) Annual income, not adjusted income, is used in

determining whether an applicant is eligible.

While a family may be entitled to large deductions

in determining its rent, no deductions are

permitted in determining the family\'s eligibility.

\(4\) The lower income limits and very low income limits

are set at the same level for Section 3 as they

are for public housing.

c\. HUD RESPONSIBILITIES

HUD sets income limits for each county or Metropolitan

Statistical Area (MSA). HUD updates the income limits

from time to time and advises PHAs of the new figures.

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The 80% of median income and 50% of median income figures

are derived for a family of four and adjusted for other

size families.

d\. REFERENCES

U.S. Housing Act of 1937, as amended, Sections 3(a) and

3(b)(1) and (2)

24 CFR 913.103 - 913.105, and definitions in 913.102

and 913.106

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3-2. INCOME LIMIT RESTRICTIONS

a\. POLICY

\(1\) PHAs must only admit applicants which have income

at or below the lower income limits. (There is a

diagram in Appendix 1.)

\(2\) PHAs must use the lower income limits in admitting

applicants to projects that reached DOFA (Date of

Full Availability) before October 1, 1981 (\"old

projects\").

\(3\) PHAs must use the very low income limits in

admitting applicants to projects that reached DOFA

on or after October 1, 1981 (\"new projects\")

unless HUD has approved an exception.

\(4\) There is no restriction on the number of lower

income families which are not very low income that

a PHA can admit to its \"old projects\".

\(5\) The income limit restrictions apply only at

admission. Federal law does not require income

limits for continued occupancy.

\(6\) A family may not be admitted to a public housing

program from another assisted housing program

(e.g., Section 8 Existing) or from a public housing

program operated by another PHA without meeting the

income limit restrictions applicable to the PHA.

\(7\) If a project is acquired for public housing

through acquisition, tenants already living there

must meet the income limit requirements.

\(8\) The income limit restrictions do not apply to a

family which needs or wants to transfer to another

dwelling unit within the public housing program at

a particular PHA.

\(9\) The income limit restrictions do not apply to

someone already in the program who has to enter

into a new lease.

b\. DISCUSSION

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\(1\) An applicant must have income at or below the

lower income limits in order to be put on the

waiting list and in order to be admitted to public

housing. If the PHA has only \"new projects,\" an

applicant must have income at or below the very

low-income limits in order to be put on the

waiting list and in order to be admitted to public

housing unless HUD has approved an exception.

\(a\) A family may not be put on the waiting list

with income above the applicable income limit

with the expectation that the applicant\'s

income would be below the applicable income

limit by the time of admission.

\(b\) If a family\'s income is at or below the

income limit the applicant is put on the

waiting list but goes above the income limit

before admission, the family may not be

admitted.

\(2\) While there is a maximum amount of income an

applicant may be eligible, there is no minimum

amount.

\(3\) A lower income family which is not very low income

may qualify of the PHA\'s projects (an \"old

project\") but not for (a \"new project\"). The

family may be put on the list and may remain on

the waiting list as long as the any project for

which the family would qualify.

\(4\) For projects which have reached DOFA in stages,

and therefore have more than one DOFA, the

earliest DOFA is used for determining whether the

entire project is an \"old project\" or a \"new

project\".

\(5\) A project that reached DOFA before October 1, 1981

which is put under a new ACC on or after October

1, 1981 because it is undergoing extensive

modernization is still considered an \"old

project.\"

\(6\) HUD regulations provide that not more than 25% of

the dwelling units that become available in \"old

projects\" may be leased to lower income families

which are not very low-income families. The 25%

applies nationwide, not to a particular PHA or

project. Since it is highly unlikely that the 25%

figure will be reached nationwide, HUD has

implemented these provisions for all \"old

projects\" by placing no restrictions on the number

of lower income families which are not very low

income.

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\(7\) HUD regulations provide that not more than 5% of

the dwelling units that become available in \"new

projects\" may be leased to lower income families

which are not very low income families. The 5%

applies nationwide, not to a particular PHA or

project. HUD has implemented these provisions for

all \"new projects\" by not permitting the admission

of any lower income families to \"new projects\"

unless HUD has approved an exception. The 5%

authority is used for approving the exceptions.

\(8\) An exception is needed in order for a PHA to admit

any lower income family which is not very low

income to a \"new project\". Some reasons for

getting an exception include, but are not limited

to:

\(a\) Need for more applicants to deal with vacancy

problems;

\(b\) Local commitment to attaining occupancy by

families with a broad range of incomes;

\(c\) Need for higher income families for a

homeownership project; and

\(d\) Need to avoid displacing lower income

families from a project acquired by the PHA.

c\. PHA PROCEDURES - Exceptions

PHAs must send a request for an exception to the local

HUD office. The PHA must indicate the reason for the

request (e.g., to deal with a vacancy problem), the

project involved, and the number of admissions sought

under the exception. The PHA should also provide any

other information which will help HUD in evaluating the

situation.

d\. HUD RESPONSIBILITIES - Exceptions

The local HUD office will review the exception request

and forward it, along with its recommendation, through

the HUD Regional Office to Headquarters.

The local HUD office will advise the PHA whether

Headquarters approves or turns down the request. If it

has been approved, the local HUD office will indicate

the project involved, the number of families that can

be admitted under the exception, and any restrictions

that may apply. The local HUD office will also ask the

PHA to keep a record of its use of the exception

authority.

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e\. REFERENCES

U.S. Housing Act of 1937, Section 16

24 CFR 913.103, 913.104, 913.105

3-3. QUALIFYING AS A FAMILY

a\. POLICY

\(1\) Only applicants who constitute a family can become

public housing tenants.

\(2\) The PHA determines whether an applicant is a

family. However, in addition to groups of persons

who would ordinarily constitute a family, such as

a couple with or without children or a parent and

child, the PHA must include persons covered by the

HUD definition.

\(3\) The HUD definition of family covers elderly

families and certain non-elderly single persons.

(There is a diagram in Appendix 2.)

\(4\) PHAs may not modify the HUD definitions dealing

with elderly families or non-elderly single

persons.

\(5\) PHAs may, but are not required to, house more than

one family in a public housing unit (See 6-2,

Shared Housing).

b\. DISCUSSION

\(1\) PHAs should develop a written definition of family

which describes when two or more nonelderly

persons constitute a family.

\(2\) Child Custody

\(a\) If an applicant claiming a child as a family

member does not have full custody of the

child, or if the child lives only part of the

time with the applicant, the PHA must make a

determination whether to count the child as

part of the applicant\'s family. The PHA may

consider custody and the amount of time the

child spends with the applicant in making

this decision.

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\(b\) If the child does not currently reside with

the applicant, the PHA may consider the child

to be part of the applicant\'s family if there

is evidence that the child would reside with

the applicant if the applicant were admitted

to public housing.

\(c\) The same child cannot be counted more than

once (i.e., to make two single applicants

each qualify as a \"family\').

\(d\) If the child is determined to be part of the

family, the child is a full family member and

has the same status in determining income and

deductions that any other child would have.

\(3\) Foster Children

\(a\) Families are permitted to have foster

children live with them in public housing if

the PHA determines that it will not result in

overcrowding.

\(b\) The PHA may, but is not required to, consider

foster children in determining that a single

applicant constitutes a family. The PHA

would have to be consistent in its

determination.

\(4\) Care Attendants

\(a\) When necessary, families may have care

attendants live with them in public housing.

\(b\) The PHA should consider a person to be a care

attendant only if the person:

o is determined by the PHA to be essential

to the care and well being of a family

member;

o is not obligated to support the family

member; and

o would not be living in the unit except

to provide the supportive services.

\(c\) A care attendant would not be listed on the

lease and could not become a remaining family

member for continued occupancy purposes. The

income of a care attendant would not be

counted in determining the family\'s income.

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c\. REFERENCES

U.S. Housing Act of 1937, Sections 3(a), 3(b)(3)

24 CFR 912.2

3-4. ELDERLY FAMILY

a\. POLICY

\(1\) PHAs must consider an applicant to be an elderly

family if the head of the household or the spouse

or the sole member is:

\(a\) at least 62 years old;

or

\(b\) disabled;

or

\(c\) handicapped.

\(2\) PHAs must also consider households composed of two

or more persons each of whom is at least 62 years

old, disabled, or handicapped to be an elderly

family.

\(3\) The PHA may not establish a minimum age (like 50

or 55) for a handicapped or disabled person to

qualify as an elderly family.

\(4\) An elderly family may include one or more live-in

care attendants, as necessary.

b\. DISCUSSION

\(1\) Definitions

\(a\) A person is disabled if the person has a

disability defined in:

o Section 223 of the Social Security Act

or

o Section 102 (b)(5) of the Developmental

Disabilities Services and Facilities

Construction Amendments of 1970.

These definitions can be found in Appendix 3.

\(b\) A person is handicapped if the person has a

physical or mental impairment which:

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o is expected to be of long-continued and

indefinite duration;

and

o substantially impedes his or her ability

to live independently;

and

o is of such a nature that such ability

could be improved by more suitable

housing conditions.

\(2\) The PHA may determine whether to permit single

persons who are qualifying as an elderly family on

the basis of age to be put on the waiting list

before reaching age 62. If the PHA decides to

permit it, the policy must be uniform (e.g., any

otherwise qualified single applicant who is at

least 61 must be put on the waiting list). The

PHA must make sure that any single person who is

qualifying on the basis of age and is not yet 62

is not admitted before reaching that age.

\(3\) If a member of the household other than the head

or spouse is over 62, disabled, or handicapped,

the household does not qualify as an elderly

family. The following are not elderly families:

\(a\) A three-generation family consisting of a

grandmother, mother, and daughter. The

mother is the head of household and the

grandmother is 70.

\(b\) A mother and her 17-year old son. The son is

handicapped.

(While neither would be an elderly family,

both of these households would qualify as a

family, however.)

\(4\) There is significant overlap in the definitions of

disabled and handicapped. A number of people may

qualify under both. This does not make them any

more of an elderly family.

While it is not usually a practical concern, the

emphasis in the social security definition of

disabled is on \"inability to engage in any

substantial gainful activity\". Therefore,

\"disabled\" may indicate difficulty working. The

emphasis in the definition of handicapped is on

\"substantially impedes his or her ability to live

independently\". Therefore, \"handicapped\"

indicates difficulty living independently.

\(5\) The PHA my consider an applicant receiving social

security disability benefits or supplemental

security income (SSI) disability benefits to be

disabled under HUD\'s definition.

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\(6\) An applicant receiving veterans disability benefits

does not necessarily qualify as disabled under

HUD\'s definition.

\(7\) An applicant who is not receiving disability

benefits or whose disability benefits have been

discontinued may or may not qualify under the HUD

definitions of disabled and handicapped. The PHA

would have to consider other pertinent factors in

determining whether the applicant would qualify

under HUD\'s definitions.

\(8\) The presence of a live-in attendant does not, by

itself, make a family an elderly family.

\(9\) After admission, a household must continue to

qualify as an elderly family at the time of the

reexamination in order to get the benefit of the

deduction for elderly families and in order to

have medical expenses considered in determining

rent.

These families would not be considered elderly at

the time of the reexamination:

\(a\) The 60-year-old widow of a man who was 65 when

he died. They were public housing tenants at

the time of his death.

\(b\) A disabled person who \"recovers\".

\(10\) After admission, a handicapped or disabled person

who \"recovers\" can remain in public housing, but

is no longer considered an \"elderly family\".

c\. REFERENCES

U.S. Housing Act of 1937, Sections 3(a) and 3(b)(3)

24 CFR 912.2

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3-5. SINGLE NON-ELDERLY

a\. POLICY

\(1\) Single persons who do not constitute an elderly

family can qualify as a family if they are:

\(a\) displaced;

or

\(b\) the remaining member of a tenant family;

or

\(c\) other single persons, under limited

circumstances (\"Single Persons\').

\(2\) PHAs may not admit single persons who are not

elderly, displaced, or the remaining member of a

tenant family without HUD authorization. PHAs may

request authorization to:

\(a\) Avoid displacing Single Persons from projects

which the PHA is acquiring;

\(b\) Allow admission of Single Persons to projects

the PHA is acquiring in cases where the

project is unsuitable for occupancy by the

elderly; or

\(c\) Fill long-standing vacancies.

\(3\) PHAs may not establish a minimum age (like 50 or

55\) for the admission of displaced persons or

single persons to projects for the elderly.

b\. DISCUSSION

\(1\) Definitions

\(a\) A displaced person is someone displaced by

government action or whose dwelling was

extensively damaged or destroyed due to a

disaster declared or formally recognized by

the Federal government. This includes

persons who lose their homes through urban

renewal or because of a flood, hurricane,

etc., where a Federal disaster was declared

for their area.

\(b\) A remaining member is a member of the family

listed on the lease who continues to live in

the public housing dwelling after all other

family members have left.

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\(c\) A Single Person is someone living alone or

intending to live alone who does not qualify as

an elderly family, a displaced person, or the

remaining member of a tenant family.

\(2\) Displaced persons include those who must leave

their home when any level of government\--Federal.

state, or local\--requires them to move. For

example, a single person could be displaced as a

result of urban renewal or because the local

health department condemned the building where the

single person was living.

\(3\) If the remaining member is a signatory to the

lease, the person could continue in the program

under that lease. If the person is named on the

lease but did not sign it, the PHA would have to

determine whether it would be willing to enter

into a lease with the person. In making this

determination, the PHA should consider such

factors as the person\'s suitability for tenancy

and his or her ability to uphold a lease (See

Chapter 4).

\(4\) The PHA would have to adhere to its space

standards (see paragraph 5-1) in dealing with a

remaining member. This would often involve the

PHA transferring the remaining member to a more

suitable size or type of unit or type of project,

according to the PHA\'s transfer policies.

\(5\) Housing Single Persons is a useful device for PHAs

with vacancies in small units. It should only be

considered when a PHA believes it has exhausted

the demand for a particular project from other

eligible families.

\(6\) It is important for a PHA to maintain the

same high standards for the selection of Single Persons

as it does for its other applicants.

\(7\) Although Single Person occupancy is usually

thought of as a device for filling efficiency or

one-bedroom units, a PHA may fill larger units

with Single Persons on a shared housing basis.

c\. PHA PROCEDURES

To request authorization to admit Single Persons, the

PHA writes to the local HUD office and:

\(1\) Identifies the project(s) and the number of units

involved;

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\(2\) Explains why the authorization is being requested;

\(3\) Where the reason is sustained vacancies, describes

the efforts the PHA has made to attract other

eligible applicants to the projects involved; and

\(4\) Describes any changes the PHA proposes to make in

its admission policies to allow admission of

Single Persons.

d\. HUD RESPONSIBILITIES

\(1\) The HUD office establishes controls to make sure

that the number of Single Persons that it

authorizes to be housed within the jurisdiction of

any PHA does not exceed 15 percent of the units in

the public housing, Section 8 New Construction,

Substantial Rehabilitation \' and Moderate

Rehabilitation programs within that jurisdiction.

\(2\) The above limits apply PHA by PHA and do not

impose any limit on the number of Single Person

admissions that can be authorized for any

particular project or program.

\(3\) The HUD office is responsible for reviewing and

taking final action on PHA requests for authority

to admit Single Persons.

e\. MONITORING

Admission of Single Persons is monitored by the public

housing occupancy audit and a review of Form HUD-50058.

f\. REFERENCES

U.S. Housing Act of 1937, Section 3(b)3

24 CFR 912.2 and 912.3

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3-6. ALIENS

PHAs may not consider the citizenship or alien status of any

applicant or member of the applicant\'s family in determining

eligibility for public housing.

PHAs must disregard the provisions in 24 CFR 912 (Appendix

4\) dealing with citizenship and alien status.

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