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Public Housing: Eligibility, Application and Tenant Rights

  • Legal Editor

What is Public Housing?

Public housing was established to provide decent and safe rental housing for eligible low-income families, the elderly, and persons with disabilities. Public housing comes in all sizes and types, from scattered single-family houses to high-rise apartments for elderly families. 

The U.S. Department of Housing and Urban Development (HUD) administers Federal aid to local housing agencies (HAs) that manage the housing for low-income residents at rents they can afford. HUD furnishes technical and professional assistance in planning, developing, and managing these developments.

Eligibility for public housing

Public housing is limited to low-income families and individuals. An HA determines your eligibility based on:

  1. Annual gross income.
  2. Whether you qualify as elderly, a person with a disability, or as a family.
  3. U.S. citizenship or eligible immigration status.

The HA will check your references to ensure you and your family are good tenants if you are eligible. HAs will deny admission to any applicant whose habits and practices may be expected to affect other tenants or the project’s environment negatively.

HAs use income limits developed by HUD. HUD sets the lower income limits at 80% and very low-income limits at 50% of the median income for the county or metropolitan area in which you choose to live. Income limits vary from region to region, so you may be eligible at one HA but not at another. The HA serving your community can provide you with the income levels for your area and family size, or you can also find the income limits here on the internet.

Applying for public housing

If you are interested in applying for public housing, contact your local HA. If you have trouble contacting the HA, contact the local HUD Field Office.

Application process

The application must be written. Either you or the HA representative will fill it out. An HA usually needs to collect the following information to determine eligibility:

(1) Names of all persons who would be living in the unit, their sex, date of birth, and relationship to the family head;

(2) Your present address and telephone number;

(3) Family characteristics (e.g., veteran) or circumstances (e.g., living in substandard housing) that might qualify the family for tenant selection preferences;

(4) Names and addresses of your current and previous landlords for information about your family’s suitability as a tenant;

(5) An estimate of your family’s anticipated income for the next twelve months and the sources of that income;

(6) The names and addresses of employers, banks, and any other information the HA would need to verify your income and deductions and to verify the family composition; and

(7) The PHA also may visit you in your home to interview you and your family members to see how you manage the upkeep of your current home.

After obtaining this information, the HA representative should describe the public housing program and its requirements and answer any questions you might have.

Required Documentation

The HA representative will request whatever documentation is needed (e.g., birth certificates and tax returns) to verify the information given on your application. The PHA will also rely on direct verification from your employer, etc. You will be asked to sign a form to authorize the release of pertinent information to the PHA.

Notification of decision

If the HA determines that you are eligible, your name will be put on a waiting list unless the HA can assist you immediately. Once your name is reached on the waiting list, the HA will contact you. If it is determined that you are ineligible, the HA must say why and if you wish, you can request an informal hearing.

Must sign a lease

If you accept a house or apartment, you will have to sign a lease with the HA. You may have to give the HA a security deposit. You and the HA representative should go over the lease together. This will provide you with a better understanding of your responsibilities as a tenant and the HA’s responsibilities as a landlord.

Selection criteria

Giving preference to specific families enables HA to direct their limited housing resources to the families with the greatest housing needs. Since the demand for housing assistance often exceeds the limited resources available to HUD and the local HAs, long waiting periods are standard. An HA may close its waiting list when more families are on the list than can be assisted shortly.

Each HA has the discretion to establish preferences to reflect the needs of its community. These preferences will be included in the HA policy manual. It would be best if you asked what choices they honor to know whether you qualify for a preference.

Amount of rent

Your rent, referred to as the Total Tenant Payment (TTP) in this program, would be based on your family’s anticipated gross annual income, with fewer deductions, if any. HUD regulations allow HAs to exclude from annual income the following allowances: $480 for each dependent, $400 for any elderly family or a person with a disability, and some medical deductions for families headed by an older adult or a person with disabilities.

The HA representative will determine if any of the allowable deductions should be subtracted from your annual income based on your application. Annual income is the anticipated total income from all sources received from the family head and spouse and each additional family member 18 years of age or older.

The formula used in determining the TTP is the highest of the following, rounded to the nearest dollar:

(1) 30 percent of the adjusted monthly income. (Monthly Adjusted Income is annual income with fewer deductions allowed by the regulations);

(2) 10 percent of monthly income;

(3) welfare rent, if applicable; or

(4) a $25 minimum rent or higher amount (up to $50) set by an HA.

Role of HA

A HA representative is responsible for managing and operating its local public housing program. They may also operate other types of housing programs.

  1.  On-going functions: (a) Assure compliance with leases. Both parties must sign the lease; (b) Set other charges (e.g., security deposit, excess utility consumption, and damages to unit); (c) Perform periodic reexaminations of the family’s income at least once every 12 months; (d) Transfer families from one unit to another, to correct over/under crowding, repair or renovate a dwelling, or because of a resident’s request to be transferred; (e) Terminate leases when necessary; and (f) maintain the development in a decent, safe, and sanitary condition.
  2. (2) Sometimes, HA’s provide other services that might include homeownership opportunities for qualified families, employment training opportunities, other special training and employment programs for residents, and support programs for the elderly.

Source: usa.gov

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