Determining Student Eligibility for the Section 8 Program

According to HUD, an individual under 24 years of age and enrolled in an institution of higher education is ineligible for Section 8 benefits unless the student meets at least one of the following six preliminary exceptions:

  1. The student is a veteran of the U.S. armed forces.
  2. The student is married.
  3. The student has a dependent child.
  4. The student is a disabled person and was receiving Section 8 assistance as of Nov. 30, 2005.
  5. The student is unaccompanied and homeless or at risk of homelessness.
  6. The student is living with or applying for housing with his/her parents.

Two additional tests. Should the student fail to meet any of the six preliminary exceptions, do not automatically deny the application or terminate the tenancy, as there are two other tests that may qualify the student for the Section 8 program:

  • The student’s parents (who reside elsewhere) are, individually or jointly, income eligible for assistance; or
  • The student can demonstrate independence from his or her parents (“independent student”).

Should you successfully confirm the parent’s income eligibility for assistance, then there is no need to verify the student’s independence from his/her parents.

Should you successfully confirm the student’s independence from his/her parents, there is no need to verify the student’s parental income eligibility for assistance.

Guidelines to confirm a student’s independence from parents (“independent student”) may be reviewed at HUD Handbook 4350.3, par. 3-13(A)(3); this post will focus on determining the parental income eligibility of the student.

Determining the Eligibility of Parents Who Reside Elsewhere

To determine the income eligibility of parents who are not residing with the student, you will need to verify the following minimal information with the parents (individually or jointly):

  • Residential address and the county in which the parents reside
  • Total number of household members
  • Household income

Depending on the situation, you may need to verify the information separately with each parent when they’re living apart or in combination when the parents are residing together.

Should the parents refuse to disclose this information, then the student is ineligible for the Section 8 program.

However, when the parents (individually or jointly) provide the necessary information, compare the total household income to the Low-Income Limit (80% of area median income) for the parent’s household size and the county in which they reside. Should the parental income exceed the applicable Low-Income Limit, then the student is ineligible for the Section 8 program.

Note: If the student has been living with one of his or her parents and has not had contact with or does not know where to contact his or her other parent, obtain from the student a certification addressing the circumstances and indicating that no financial assistance has been received, directly or indirectly, from the absent parent. The certification must include a penalty of perjury clause.

Let’s use the following example to assess student eligibility when the parents live together:

Example: A 19-year-old sole household member is enrolled at a local college and applies for your site in Connecticut. She is otherwise eligible for Section 8 assistance, but she does not meet any of the six preliminary exceptions or the definition of independent student. Therefore, the parent’s income eligibility needs to be verified.

The student’s parents reside together with another child in Cuyahoga County, Ohio, and declare total household income of $40,000. As the maximum three-person Low-Income Limit for the county is $61,500, the parents are jointly income eligible for the program and, therefore, the applicant meets the student eligibility requirement.

Now, let’s review how student eligibility requirements apply when the parents maintain separate residences.

Example: A 22-year-old sole household member is enrolled at a local college and applies for your site in Georgia. She is otherwise eligible for Section 8 assistance, but she does not meet any of the six preliminary exceptions or the definition of independent student. Therefore, the parent’s income eligibility needs to be verified.

Scenario 1: One parent resides with three people in Beaver County, Pa., and declares total household income of $40,000. As the maximum four-person Low-Income Limit is $75,850, this parent is individually income eligible for the program.

The other parent resides alone in New York County, N.Y., and declares total household income of $65,000. As the maximum one-person Low-Income Limit for the county is $74,800, this parent is individually income eligible for the program.

In this scenario, since both parents are income eligible for the program, the applicant meets the student eligibility requirement.

Scenario 2: One parent resides with three people in Beaver County, Pa., and declares total household income of $40,000. As the maximum four-person Low-Income Limit is $84,300, this parent is individually income eligible for the program.

The other parent resides alone in New York County, N.Y., and declares total household income of $80,000. As the maximum one-person Low-Income Limit for the county is $74,800, this parent is not individually income eligible for the program.

In this scenario, since one parent is not income eligible for the program, the applicant does not meet the student eligibility requirement and may be ineligible for the housing program.