§ 26-19Introduction.
§ 26-20Eligibility factors. [24 CFR 982.201(b)]
§ 26-21Family composition. [24 CFR 982.201(c)]
§ 26-22Income limitations. [24 CFR 982.201(b), 982.353]
§ 26-23Mandatory social security numbers. [24 CFR 5.216, 5.218]
§ 26-24Citizenship/eligible immigration status. [24 CFR Part 5, subpart
E]
§ 26-25Other criteria for admissions. [24 CFR 982.552(b)]
§ 26-26Tenant screening. [24 CFR 982.307)]
§ 26-27Changes in eligibility prior to effective date of contract.
§ 26-28Ineligible families.
§ 26-29Prohibited admissions criteria. [24 CFR 982.202(b)]
This article defines both HUD's and the WHA's criteria for admission and denial of admission to the program. The policy of the WHA is to strive for objectivity and consistency in applying these criteria to evaluate the eligibility of families who apply. The WHA staff will review all information provided by the family carefully and without regard to factors other than those defined in this article. Families will be provided the opportunity to explain their circumstances, to furnish additional information, if needed, and to receive an explanation of the basis for any decision made by the WHA pertaining to their eligibility.
The WHA accepts applications only from families whose head or spouse is at least 18 years of age or emancipated minors under state law.
To be eligible for participation, an applicant must meet HUD's criteria, as as any permissible additional criteria established by the WHA.
The HUD eligibility criteria are:
An applicant must be a "family."
An applicant must be within the appropriate income limits.
An applicant must furnish social security numbers for all family members age six and older.
An applicant must furnish declaration of citizenship or eligible immigrant status and verification where required. At least one member of the applicant family must be either a U.S. citizen or have eligible immigration status before the WHA may provide any financial assistance.
Reasons for denial of admission are addressed in Article XV, Denial or Termination of Assistance. These reasons for denial constitute additional admission criteria.
The family's initial eligibility for placement on the waiting list will be made in accordance with the eligibility factors.
Eligibility factors will be verified before the family is placed on the waiting list.
The applicant must qualify as a family.
A family may be a single person or a group of persons.
A "family" includes a family with or without a child or children; a group of persons consisting of two or more elderly persons or disabled persons living together, or one or more elderly or disabled persons living with one or more live-in aides is a family. The WHA determines if any other group of persons qualifies as a "family."
A child who is temporarily away from home because of placement in foster care is considered a member of the family. This provision only pertains to the foster child's temporary absence from the home and is not intended to artificially enlarge the space available for other family members.
A "family" also includes:
Head of household. The head of household is the adult member of the household who is designated by the family as head, is wholly or partly responsible for paying the rent, and has the legal capacity to enter into a lease under state/local law. Emancipated minors who qualify under state law will be recognized as head of household.
Spouse of head.
Spouse means the husband or wife of the head.
For proper application of the Noncitizens Rule, the definition of "spouse" is: the marriage partner who, in order to dissolve the relationship, would have to be divorced. It includes the partner in a common-law marriage. The term "spouse" does not apply to boyfriends, girlfriends, significant others, or co-heads.
Co-head. An individual in the household who is equally responsible for the lease with the head of household. A family may have a spouse or co-head, but not both. A co-head never qualifies as a dependent.
Live-in attendants.
A family may include a live-in aide, provided that such live-in aide:
A live-in aide is treated differently than family members:
Relatives are not automatically excluded from being live-in aides, but they must meet all of the elements in the "live-in aide" definition described above.
A "live-in aide" may only reside in the unit with the approval of the WHA. Written verification will be required from a reliable, knowledgeable professional, such as a doctor, social worker, or case worker. The verification provider must certify that a live-in aide is needed for the care of the family member who is elderly, near-elderly (50 to 61) or disabled.
The WHA will approve a live-in aide if needed as a reasonable accommodation to make the program accessible to and usable by the family member with a disability. Approval of a live-in aide for reasonable accommodation will be in accordance with 24 CFR Part 8 and the reasonable accommodations section (§ 26-10) in Article I of this chapter.
At any time, the WHA will refuse to approve a particular person as a live-in aide or may withdraw such approval if: [24 CFR 982.316]
The person commits fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program;
The person commits drug-related criminal activity or violent criminal activity; or
The person currently owes rent or other amounts to the WHA or to another WHA in connection with Section 8 or public housing assistance under the 1937 Act.
Split households prior to voucher issuance.
When a family on the waiting list splits into two otherwise eligible families due to divorce or legal separation, and the new families both claim the same placement on the waiting list, and there is no court determination, the WHA will make the decision taking into consideration the following factors:
Documentation of these factors is the responsibility of the applicant families. If either or both of the families do not provide the documentation, they may be denied placement on the waiting list for failure to supply information requested by the WHA.
In cases where domestic violence played a role, the standard used for verification will be the same as that required for the domestic violence preference.
The WHA will require evidence that the family has been displaced as a result of fleeing violence in the home. Families are also eligible if there is proof that the family is currently living in a situation where they are being subjected to or victimized by violence in the home. (See Article IV, Establishing Preferences and Maintaining the Waiting List.)
Multiple families in the same household. When families apply which consist of two families living together (such as a mother and father, and a daughter with her own husband or children), if they apply as a family unit, they will be treated as a family unit.
Joint custody of children.
Children who are subject to a joint custody agreement but live with one parent at least 51% of the time will be considered members of the household; "51% of the time" is defined as 183 days of the year, which days do not have to run consecutively.
There will be a self-certification required of families who claim joint custody or temporary guardianship.
To be eligible for assistance, an applicant must have an annual income at the time of admission that does not exceed the low-income limits for occupancy established by HUD.
To be income-eligible, the family may be under the low-income limit in any of the following categories: [24 CFR 982.201(b)]
A very low-income family.
A low-income family that is continuously assisted under the 1937 Housing Act; an applicant is continuously assisted if the family has received assistance under any 1937 Housing Act program within 120 days of voucher issuance. Programs include any housing federally assisted under the 1937 Housing Act.
A low-income family physically displaced by rental rehabilitation activity under 24 CFR Part 511.
A low-income nonpurchasing family residing in a HOPE 1 or HOPE 2 project.
A low-income nonpurchasing family residing in a project subject to a homeownership program under 24 CFR 248.173.
A low-income family or moderate-income family that is displaced as a result of the prepayment of a mortgage or voluntary termination of a mortgage insurance contract under 24 CFR 248.165.
A low-income family that qualifies for voucher assistance as a nonpurchasing family residing in a project subject to a resident homeownership program.
To determine if the family is income-eligible, the WHA compares the annual income of the family to the applicable income limit for the family's size.
Families whose annual income exceeds the income limit will be denied admission and offered an informal review.
Portability. For initial lease-up at admission, families who exercise portability must be within the applicable income limit for the jurisdiction of the receiving WHA in which they want to live.
Families are required to provide verification of social security numbers for all family members age six and older prior to admission, if they have been issued a number by the Social Security Administration. This requirement also applies to persons joining the family after admission to the program.
Failure to furnish verification of social security numbers is grounds for denial or termination of assistance.
Persons who have not been issued a social security number must sign a certification that they have never been issued a social security number.
Persons who disclose their social security number but cannot provide verification must sign a certification and provide verification within 60 days. Elderly persons must provide verification within 120 days.
In order to receive assistance, a family member must be a U.S. citizen or eligible immigrant. Individuals who are neither may elect not to contend their status. Eligible immigrants are persons who are in one of the immigrant categories as specified by HUD.
For the citizenship/eligible immigration requirement, the status of each member of the family is considered individually before the family's status is defined.
Mixed families. A family is eligible for assistance as long as at least one member is a citizen or eligible immigrant. Families that include eligible and ineligible individuals are called "mixed." Such applicant families will be given notice that their assistance will be prorated and that they may request a hearing if they contest this determination.
All members ineligible. Applicant families that include no eligible members are ineligible for assistance. Such families will be denied admission and offered an opportunity for a hearing.
Noncitizen students. Defined by HUD in the noncitizen regulations at 24 CFR 5.522. Not eligible for assistance.
Appeals. For this eligibility requirement only, the applicant is entitled to a hearing exactly like those provided for participants.
A family will not be admitted to the program if any member of the family has been evicted from federally assisted housing for serious violation of the lease within the past five years.
A family will be denied admission to the program if any member of the family fails to sign and submit consent forms for obtaining information required by the WHA, including Form HUD-9886.
The WHA will apply the following criteria, in addition to the HUD eligibility criteria, as grounds for denial of admission to the program:
The family must not have violated any family obligation during a previous participation in the Section 8 program for five years prior to final eligibility determination. The WHA will make an exception if the family member who violated the family obligation is not a current member of the household on the application.
The family must pay any outstanding debt owed the WHA or another PHA as a result of prior participation in any federal housing program.
The family must be in good standing regarding any current payment agreement made with another PHA for a previous debt incurred, before the WHA will allow participation in its Section 8 program.
The WHA will check criminal history for all adults in the household to determine whether any member of the family has violated any of the prohibited behaviors as referenced in the section on screening and terminations policy in Article XV, Denial or Termination of Assistance.
If any applicant deliberately misrepresents the information on which eligibility or tenant rent is established, the WHA may deny assistance and may refer the family file/record to the proper authorities for appropriate disposition. (See the Program Integrity Addendum.
The WHA will take into consideration any of the criteria for admission described in Article XV, Denial or Termination of Assistance.
The WHA will not screen family behavior or suitability for tenancy. The WHA will not be liable or responsible to the owner or other persons for the family's behavior or the family's conduct in tenancy.
The owner is responsible for screening and selection of the family to occupy the owner's unit. At or before WHA approval of the tenancy, the WHA will inform the owner that screening and selection for tenancy is the responsibility of the owner.
The owner is responsible for screening families based on their tenancy histories, including such factors as: [24 CFR 982.307(a)(3)]
Payment of rent and utility bills;
Caring for a unit and premises;
Respecting the rights of other residents to the peaceful enjoyment of their housing;
Drug-related criminal activity or other criminal activity that is a threat to the health, safety or property of others; and
Compliance with other essential conditions of tenancy.
The same types of information will be supplied to all owners.
The WHA will advise families how to file a complaint if they have been discriminated against by an owner. The WHA will advise the family to make a fair housing complaint. The WHA may also report the owner to HUD (Fair Housing/Equal Opportunity) or the local fair housing organization.
Changes that occur during the period between issuance of a voucher and lease-up may affect the family's eligibility or share of the rental payment.
Families who are determined to be ineligible will be notified in writing of the reason for denial and given an opportunity to request an informal review, or an informal hearing if they were denied due to noncitizen status. See Article XIX, Complaints and Appeals, for additional information about reviews and hearings.
Admission to the program may not be based on where the family lives before admission to the program.
Admission to the program may not be based on:
Where the family will live with assistance under the program;
Discrimination because members of the family are unwed parents, recipients of public assistance, or children born out of wedlock;
Discrimination because a family includes children;
Whether a family decides to participate in a family self-sufficiency program; or
