3-16 Determining the Eligibility of a Remaining Member of a Tenant Family

• A. Periodically, family composition changes after initial occupancy. If the qualifying person leaves the unit, a determination must be made as to whether the remaining member of the household will be eligible to receive assistance. Eligibility depends upon the type of project occupied and other issues.

• B. The following basic requirements for eligibility must be met for a person to qualify as a remaining member of a household:

  1. The individual must be a party to the lease when the family member leaves the unit.

  2. The individual must be of legal contract age under state law.

  3. The remaining family member is defined in Section 202 and Section 811 regulations as the surviving member or members of an elderly family or

HUD Occupancy Handbook Chapter 3: Eligibility for Assistance and Occupancy

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Section 2: Project Eligibility family with disabilities that was a party to the lease and living in the assisted unit with the now deceased member of the family at the time of his or her death.

• a. The remaining family member, based on the death of the family member, is eligible to remain in the unit but must pay rent based on income. In this case, eligibility of the remaining family member, as defined by the death of the family member, is not reviewed.

• b. If the individual who establishes eligibility for the project leaves the unit for any reason other than death in a Section 202/8, Section 202 PAC, Section 202 PRAC or Section 811 PRAC project, the owner must determine if the individual(s) still residing in the unit meet the eligibility requirements for the project, income and age or disability. If the individual is not eligible for the project, he/she may not receive rental assistance and depending upon the type of project, he or she may or may not be allowed to remain in the unit. In a 202/8 or a Section 202 PAC project, the individual may remain in the unit but must pay contract rent. In a Section 202 PRAC or 811 PRAC project, the individual may not remain in the unit.

4. See Figures 3-5 and 3-6 for definitions used in determining project eligibility.