Section 8 Student Regulations
(Implemented January 30, 2006)
- Management must obtain a written student certification for all residents/applicants.
- Ineligible students are not eligible to receive Section 8 assistance.
- Management must complete the student eligibility process prior to move-in, at each annual recertification, initial certification and at the time of an interim recertification.
- Ineligible in-place student residents must be provided with a 30-day termination of assistance notice and will be required to pay market rent. The owner/agent must mail rejection letters to all ineligible student applicants on the waiting list.
- The regulations apply to "part time" and "full time" students.
- Households comprised of a mixture of "ineligible students" and "eligible students" will not qualify for Section 8 assistance.
Eligible Students are defined as one of the following:
1. 24 or older
4. Have dependents
5. Has maintained a separate household from parents for one year and NOT claimed as a dependent on parents tax returns
6. Parents of the student are HUD income eligible
7. Meets the U.S. Department of Education's definition of an “Independent Student”
(refer to page 15 of the HUD Handbook 4350.3 glossary)
8. Persons already receiving Section 8 assistance as of November 30, 2005 and are disabled
Financial Aid Income for Eligible Students:
- Financial aid in excess of tuition is counted as income on the HUD Form 50059.
(This income is not counted for students over 23 with dependents or if the student is living with his or her parents who are receiving Section 8 assistance.)
The owner/agent must ensure that the following forms are in compliance with the above: 1. Rental Application, 2. Recertification Questionnaire, 3. Student Certification, 4. Parent of Student Verification & 5. Educational Institution Verification. The Tenant Selection Plan (TSP) must thoroughly document the student regulations. Refer to the HUD Handbook 4350.3, REV-1, Change 3, Chapter 3, Section 1, Paragraph 3-13, Pages 3-37, 3-38 and 3-39 and Paragraph 3-33, Pages 3-74, 3-75, 3-76, 3-77 and 3-78 and page 15 of the Glossary.
Students Parents Income:
One of the eight eligible conditions is as follows: The students parents (not living in the unit) must be income eligible. Management should use the Low "L" income limit in the county where the PARENTS LIVE.
Example: If I was 20 years old and a student, applying for Fairington of Lexington. My parents lived in Frankfort (Franklin County, Kentucky). The "L" income level for Franklin County is $34,250. It was verified that my parent's income was $30,000. I would be eligible because my parent's income does not go over the HUD INCOME ELIGIBLE LIMIT for the area that the parent's live.
U.S. Department of Education’s Definition of an “Independent Student”
(Page 15 of HUD Handbook 4350.3 Glossary)
1. Be at least 24 years old by December 31 of the award year for which aid is sought
2. Be an orphan or a ward of the court through the age of 18
3. Be a veteran of the U.S. Armed Forces
4. Have legal dependents other than a spouse (for example, dependent children or an elderly dependent parent)
5. Be a graduate or professional student
6. Be married
If one of the 6 conditions applies, management MUST verify the condition from the source.
Example: Veteran of the U.S. Armed Forces (Obtain military documentation) and Married (Obtain proof of marriage).
MOST CURRENT STUDENT REVISIONS (DISABLED):
"No section 8 assistance shall be provided to any individual who...
Is not a person with disabilities, as such term is defined in section 3(b)(3)(F) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such section 8 as of November 30, 2005;"
Does this mean...
A student with a disability (as defined by HUD) is ELIGIBLE and this was effective November 30, 2005.
No - the revision to the law means that if a student with a disability was receiving Section 8 assistance as of November 30, 2005 he/she is exempt from the new student restrictions. Any person with a disability who is a student at an institution of higher education that is applying to receive Section 8 assistance after November 30, 2005 is not exempt from the new student restrictions. (This question was answered by Diane Hooten with HUD Washington.)
Refer to the following common questions and answers.