The right to the disregard can also be raised as a defense to a non-payment eviction in appropriate cases, but this strategy may affect relatively few families. It is unclear when HUD will issue regulations about the new disregard, but the statute makes major eligibility factors clear. Nashville HA instituted an optional earnings disregard for all tenants who went to work after being unemployed. They thought this was fairer than tying eligibility to participation in a training program, as the current federal rule does. As a result of this local policy, Nashville does not require verification of training program participation.
State legislature can enact the broader disregard.
In 1996, Illinois made the 18-month disregard apply to any tenant who became employed follow a period of unemployment of 6 or more months. PHAs may also be more willing to put energy into implementing disregards they designed. PHAs must also make their draft plan available for public review at least 45 days in advance of a required public hearing to receive comments on the plan. Analyze the interaction between current and possibly increased TANF earnings disregard and PHA optional disregard policies. An increased earnings disregard through the TANF program may benefit more families, and may be of greater benefit to some public housing families, than PHA optional earnings disregards, and will not risk loss of scarce public housing operating funds.