Occupancy charges are optional but capped at the highest of 30 percent of adjusted income, 10 percent of income or the welfare housing portion; rental assistance carries the 1937 Act share

coc.tenant_payment.occupancy_charge_ceiling_and_resident_rent_contribution · v1.0.0

Recipients and subrecipients are NOT REQUIRED to impose occupancy charges on program participants as a condition of residing in the housing. If occupancy charges are imposed, however, they may not exceed the highest of 30 percent of the family's monthly adjusted income -- with adjustment factors including the number of people in the family, the age of family members, medical expenses and child-care expenses -- 10 percent of the family's monthly income, or, where the family receives welfare assistance a part of which adjusted in accordance with actual housing costs is specifically designated to meet housing costs, the portion so designated. Income must be calculated in accordance with 24 CFR 5.609 and 5.611(a). Separately, each program participant on whose behalf RENTAL ASSISTANCE payments are made must pay a contribution toward rent in accordance with section 3(a)(1) of the U.S. Housing Act of 1937, with income likewise calculated under 5.609 and 5.611(a). Recipients and subrecipients must have signed occupancy agreements or leases, or subleases, with program participants residing in housing.

Confidence

high

Effective from

2012-08-30

Consequence model

agency finding with cure

Last reviewed

2026-08-29