1.2 Eligibility

Tenants are eligible for public housing if their income does not exceed 80% of the area median income and their assets do not exceed the limits set by the local PHA.1  Traditional public housing is limited to citizens and certain categories of eligible non-citizens.2  Families with mixed immigration status may be eligible for prorated assistance.3

Statutory provisions aimed at income targeting and poverty deconcentration also affect eligibility for public housing. At least 40% of new admissions to public housing must be of families with incomes below 30% of the area median income.4  PHAs may reduce that 40% target under “fungibility provisions.” Under the fungibility rules, a PHA can reduce the number of such families admitted to public housing by one for each family admitted to the Section 8 Voucher programs with income below the income-targeting rules for the Voucher program. Lower-income families must not be concentrated into a certain development.5  Each PHA must develop an admission policy that will provide for the deconcentration of poverty by encouraging higher-income applicants to move into lower-income projects and admitting lower-income applicants to higher-income projects.6  A PHA can offer incentives for higher-income families to move to lower-income projects. It may skip over applicants on the waiting list until it reaches a family that will accept the incentives. If it is necessary to achieve deconcentration, skipping may be mandatory.

  • 1See 24 C.F.R. § 5.603 (defining “low income family”).
  • 224 C.F.R. § 5.506.
  • 324 C.F.R. §§ 5.516, .518.
  • 442 U.S.C. § 1437n(a)(2)(A).
  • 542 U.S.C. § 1437n(a)(3).
  • 642 U.S.C. § 1437n(a)(3)(B).

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.