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federalUnited StatesHOME Investment Partnerships Programincome_calculation

A participating jurisdiction may accept the rental subsidy provider's income determination for a HOME unit assisted by project-based or tenant-based Federal rental assistance

home.income.safe_harbor_rental_subsidy_provider_determination · v1.0.0

Where a family is applying for or living in a HOME-assisted rental unit and the unit is assisted by a Federal or State project-based rental subsidy program, the participating jurisdiction may accept the public housing agency's, owner's or rental subsidy provider's determination of the family's annual income and adjusted income made under that program's rules. Where instead the family is assisted by a Federal tenant-based rental assistance program, such as a housing choice voucher, the participating jurisdiction may accept the rental assistance provider's determination of the family's annual and adjusted income under that program's rules. Acceptance is permissive in both cases; where the participating jurisdiction does not accept the other program's determination it must determine annual income by the ordinary HOME methods.

24 CFR 92.203(a)(1) and (2) are what HUD itself calls HOME 'safe harbor provisions' (89 FR 106998 section IV), and they are NOT the Part 5 safe harbor. They turn on the presence of rental assistance rather than on a means-tested benefit determination, they carry adjusted income as well as annual income, and until 5 February 2025 the project-based limb was mandatory.
Confidence
high
Effective from
2025-02-05
Last reviewed
2026-08-28

Evidence required

  • HOME written agreement(exactly_one)

Citations

All sources verified within 1 day
  • HOME Investment Partnerships Program
    24 CFR 92.203(a)(1) (text in force from 5 February 2025, as amended by the 2025 HOME final rule at 90 FR 866)
    regulationSource ↗verified 1d ago
  • HOME Investment Partnerships Program
    24 CFR 92.203(a)(2) (text in force from 5 February 2025)
    regulationSource ↗verified 1d ago
  • HOTMA Sections 102, 103, 104: Extension of Compliance Date and Safe Harbor Implementation
    89 FR 106998, 106999, section IV (Implementation of the HOTMA Safe Harbor for HOME and HTF) - HUD naming the HOME and HTF provisions as separate safe harbors from the Part 5 one
    regulationSource ↗verified 1d ago
  • Housing Opportunity Through Modernization Act of 2016: Implementation of Sections 102, 103, and 104
    88 FR 9600, preamble, HOME discussion - the PJ must accept a determination the PHA or owner made under the 5.609(c)(3) safe harbor
    regulationSource ↗verified 1d ago
  • HOME Investment Partnerships Program: Program Updates and Streamlining
    90 FR 746, 806 (FR doc. 2024-29824, 6 January 2025), amendatory instruction 10 to 24 CFR 92.203 - the instruction that replaced 'must accept' with 'may accept' in paragraph (a)(1) and removed paragraph (b)(1)(iii)
    regulationSource ↗verified 1d ago
  • HOME Investment Partnerships Program
    24 CFR 92.203, eCFR source and amendment note as rendered 26 August 2026 - the section's last amendment is the 2025 HOME final rule, so the later HOME streamlining rule at 91 FR 23014 (30 April 2026) did not touch it
    regulationSource ↗verified 1d ago
  • HOME Investment Partnerships Program: Program Updates and Streamlining
    90 FR 746, DATES
    regulationSource ↗verified 1d ago