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The following are methods of setting aside rent increases due to increased income, for future use by
65 pages
English

The following are methods of setting aside rent increases due to increased income, for future use by

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65 pages
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Benefits Planning, Assistance and Outreach Chapter 14 FEDERAL HOUSING SUBSIDIES The lack of suitable, affordable housing is often a major barrier to successful employment of persons with disabilities. Still, various public and subsidized housing programs available to persons with disabilities can sometimes help to overcome this barrier. In addition, a number of rent-based work incentives allow families and individuals entering the workforce to retain more of their income. This chapter will provide a brief summary of the major federally sponsored programs that should be available in all states, with an emphasis on those policies most applicable to persons with disabilities. The reader should keep in mind: a) this is only an overview of the federal programs and their regulations; and b) this overview is based on federal regulations published as of November 21, 2003. State-subsidized housing programs also exist and may offer additional benefits, although they are not covered in this chapter. Introduction The three main federal housing assistance programs sponsored by the Department of Housing and Urban Development (HUD) are public housing, tenant-based Section 8 and project-based housing subsidy programs. Public housing is owned and operated by local public housing authorities according to state legislation. Housing units take many forms from high-rise apartment buildings to detached single-family 2004 Can be reproduced ...

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Benefits Planning, Assistance and Outreach
Chapter 14 FEDERALHOUSINGSUBSIDIESThe lack of suitable, affordable housing is often a major barrier to successful employment of persons with disabilities. Still, various public and subsidized housing programs available to persons with disabilities can sometimes help to overcome this barrier. In addition, a number of rent-based work incentives allow families and individuals entering the workforce to retain more of their income. This chapter will provide a brief summary of the major federally sponsored programs that should be available in all states, with an emphasis on those policies most applicable to persons with disabilities. The reader should keep in mind: a) this is only an overview of the federal programs and their regulations; and b) this overview is based on federal regulations published as of November 21, 2003. State-subsidized housing programs also exist and may offer additional benefits, although they are not covered in this chapter.Introduction The three main federal housing assistance programs sponsored by the Department of Housing and Urban Development (HUD) are public housing,tenant-basedSection8andproject-basedhousingsubsidyprograms. Public housing is owned and operated by local public housing authorities according to state legislation. Housing units take many forms from high-rise apartment buildings to detached single-family
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Chapter 14 dwellings, and may be located at one site or scattered over several sites. The Section 8 program was established in 1974 as the governments primary rental housing assistance program. It is generally administered by a state or local public housing agency (PHA). HUD pays rental subsidies so that eligible families can afford safe, decent and sanitary housing. These Section 8 subsidies take the form of tenant-basedorctjeropedas-bassistance. Tenant-based subsidies allow recipients to rent housing in the private market and move with the tenant. The tenant-based subsidies were recently merged into a newHousing Choice Voucher Program. Project-based subsidies are attached to specific units in privately owned and operated buildings. Because the subsidy is attached to the unit, rental assistance generally ends for the tenant when the tenant moves. HUDs programs are continually affected by the passage of federal legislation. TheQuality Housing and Work Responsibility Act of 1998created rent-based work incentives for public housing tenants with new or increased employment income. In April 2000, new regulations expanded these benefits to people with disabilities receiving housing benefits through the HOME Investment Partnerships Program, the Housing Opportunities for People with AIDS program (HOPWA), the Supportive Housing program (24 CFR part 583) and the Housing Choice Voucher program. Effective advocacy may require that you closely examine rent increases linked
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Benefits Planning, Assistance and Outreach to increased earned income to confirm that the earned income disregards are being properly implemented in your area. In this chapter we will provide an overview of the provisions of the federal regulations as they apply to public housing, the Housing Choice Voucher Program, Section 8 project-based assistance, the HOPWA program, the Supportive Housing program and the Homeownership program. We will also provide comprehensive guidelines for assisting individuals with disabilities to determine how increased earned income impacts on housing costs. Eligibility for Federally Subsidized Housing ELIGIBILITY FOR FEDERALLY SUBSIDIZED HOUSING Eligibilityforpublicandsubsidizedhousingisbaseduponcitizenship, income and a familys prior tenant and criminal history if any. Non-citizens with eligible immigration status may qualify for a housing subsidy, if they are otherwise eligible. HUD uses three terms to describe income eligibility:extremely low-income, very low-income and low-income.  Anextremely low-income familyis a family whose income does not exceed 30 percent of the median income of an area as determined by HUD.
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Chapter 14  Avery low-income familyis a family whose income does not exceed 50 percent of the areas median. Low-income familieshave an income that is no greater than 80 percent of the areas median income. Public housing applicants must be low-income families. However, 40 percent of public housing units newly rented each year must be occupied by extremely low-income households. Housing Choice Voucher applicants must be very low-income families. In addition, 75 percent of new admissions in the Housing Choice Voucher program must be extremely low-income families. Section 8 project-based programs must target 40 percent of all annual project admissions to extremely low-income families. Median income and the various corresponding income limits vary significantly from area to area. The following are examples for FY2003 for a one-person family:
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Location
Buffalo-NiagaraFalls, NY Chicago, IL Nassau-Suffolk, NY
Extremely Low-Income (30% of Median) $11,050
$15,850 $17,600
Very Low- Low-Income Income (80% of (50% of Median) Median) $18,400 $29,400
$26,400 $29,300
$39,500 $40,600
There is no asset limit for participation in HUD assisted housing programs. However, annual income does include net income from family assets. Your local PHA can provide information about median income and income limits for your area. This information is also available from the HUD website atwww.huduser.gov. Calculating Rent Payments in Federally Subsidized Housing Total Tenant Payment Federal housing subsidy program rents are income-based. Eligibility and assistance levels are calculated according to a familys income.
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Chapter 14 In general, families who receive federal housing assistance pay the higher of the following amounts as rent:  Thirty percent of the familys monthly adjusted income, or  Ten percent of the familys monthly income, or  If the family is receiving welfare assistance payments, the amount of that assistance that is specifically designated for housing. The amount that the tenant family is required to pay, based upon the above criteria, is called thetotal tenant payment.If the cost of utilities (except telephone) is not included in the family rent, a utility allowance equal to a PHA or HUD estimate of the monthly cost of a reasonable consumption of such utilities is established.For Section 8 programs other than the Section 8 Voucher Program, tenant rent is the total tenant payment minus any utility allowance. Minimum Rent PHAs and housing authorities are required to establish minimum rents for tenants with little or no income. Public housing, Section 8 moderate rehabilitation programs and Section 8 tenant-based programs may set the minimum rent at an amount between zero and $50. Other Section 8 programs must set a minimum rent of $25.
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A family has lost eligibility or is waiting for an eligibility determination for a Federal, State, or local assistance program
A family would be evicted because it is unable to pay the minimum rent (this exemption does not apply to any other form of rent)
Benefits Planning, Assistance and Outreach Housing providers are required to adopt hardship exemptions if a family is unable to pay the minimum rent because of financial hardship. The financial hardship exemption includes situations where: If a family requests a financial hardship exemption, the minimum rent requirement must be suspended beginning the month after familys request. Housing providers may not evict the family during the 90-day period beginning the month following the familys request for a hardship exemption. The PHA or housing authority must determine whether there is a qualifying financial hardship and whether the hardship is temporary or long term.
Family income has decreased due to changed circumstances(e.g.,seriousmedicalproblem,familymember with income leaving the household)
A death has occurred in the family
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If there is no qualifying hardship, the minimum rent will be reinstated and the tenant must pay the minimum rent due for the suspended period.
In public housing, if the qualifying hardship is determined to be temporary, the housing authority must reinstate the minimum rent from the beginning of the suspension period and enter into a reasonable repayment agreement with the family for the amount of back minimum rent owed.
In all Section 8 programs, if the qualifying hardship is determined to be temporary, the PHA may not impose the minimum rent for the 90-day period following the date of the familys request for the exemption. At the end of 90 days, the minimum rent will be reinstated from the beginning of the suspension period and the PHA will enter into reasonable repayment agreement with the family for the amount of back minimum rent owed.
If the qualifying hardship is determined to be long term, the family will be exempted from minimum rent requirements for as long as the hardship continues.
Definition of Family in Federally-Subsidized Housing Each applicant for assistance must meet the housing authoritys or the PHAs definition of family. Within guidelines provided by HUD, PHAs and housing authorities have discretion in defining what
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Benefits Planning, Assistance and Outreach constitutes a family. Programs serving a specific population may have additional requirements. Generally speaking, a family is either a single person or a group of persons and includes:
 A household with or without children. A child who is temporarily away from home due to placement in foster care should be considered a member of the family.  A disabled family, which means a family whose head, co-head, spouse, or sole member is a person with a disability; or two or more persons with disabilities; or one or more persons with disabilities with one or more live-in aides. A person with a disability is a person who:  has a disability as defined in Section 223 of the Social Security Act, or  is determined by HUD regulations to have a physical, mental or emotional impairment that: a) is expected to be of long, continued, and indefinite duration; b) substantially impedes his or her ability to live independently; and c) is of such a nature that such ability could be improved by more suitable housing conditions, or
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hasadevelopmentaldisabilityasdefinedinSection102 of the Developmental Disabilities Assistance and Bill of Rights Act.
the definition of a person with disabilities does not exclude persons who have the disease arising from the etiologic agent for acquired immunodeficiency syndrome (HIV).
for the purpose of qualifying for low income housing, the definition does not include a person whose disability is based solely on any drug or alcohol dependence.
for the purposes of reasonable accommodations and program accessibility for a person with disabilities, the definition of individual with handicaps found in Title 24 of Code of Federal Regulations Section 8.3 is used.
An elderly family, which is defined as a family whose head, co-head, spouse, or sole member is at least 62 years of age; or two or more persons, each of whom are at least 62, living together; or one or more persons who are at least 62 living with one or more live-in aides.
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A displaced family, which is a family in which each member or the sole member is a person displaced by governmentalaction,orwhosedwellinghasbeenextensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized by federal disaster relief laws.
A remaining member of a tenant family is a family member ofanassistedtenantfamilywhoremainsintheunitwhenother members of the family have left the unit.
A single person who is not an elderly or displaced person, a person with disabilities, or the remaining member of a tenant family.
Section 504 Requirements Section 504 of the Rehabilitation Act of 1973 (as amended) prohibits discrimination solely on the basis of disability in any program or activity receiving financial assistance. The rule requires that recipients of federal funds ensure that individuals with a disability receive equal opportunity to participate in programs and services. Public housing authorities and PHA are considered recipients under the act (private owners are not, but must comply with other fair housing requirements). To ensure that individuals with disabilities have an opportunity to participate in subsidized programs, housing authorities and PHAs must make their admission process accessible. TDD, TTY or other equally effective communication systems must
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