Eligibility for continued assistance is contingent on submitted evidence of citizenship or eligible immigration status, and a mixed family receives prorated rather than terminated assistance

pbra.household_composition.eligible_immigration_status_and_mixed_family_proration · v1.0.0

Eligibility for assistance or continued assistance under a Section 214 covered program, which includes project-based Section 8, is contingent on the family's submission to the owner of evidence of citizenship or eligible immigration status for each family member. A family member may elect not to contend eligible immigration status, in which case the family must identify that member to the owner in writing. Despite the ineligibility of one or more members, a mixed family may be eligible for one of the forms of assistance in 24 CFR 5.516 and 5.518, and 24 CFR 5.520 prorates the assistance rather than ending it. At the first regular reexamination the owner must obtain and process evidence of the status of all family members; at each later regular reexamination, and at any interim reexamination adding a member, the owner must verify the immigration status of any new family member. Failure to submit required evidence of citizenship or eligible immigration status is a substantial violation of the lease under 24 CFR 880.607(b)(3)(ii). HUD Handbook 4350.3 supplies the proration arithmetic. The fraction is the number of ELIGIBLE persons in the family over the TOTAL number of persons in the family. Exhibit 3-12 works it in order for Section 8, RAP and Rent Supplement: compute gross rent and the unprorated total tenant payment, subtract to get the assistance payment the family would receive without proration, multiply that assistance payment by the fraction to get the PRORATED housing assistance payment, then subtract the prorated assistance payment from gross rent to get the PRORATED total tenant payment, and subtract the utility allowance from that to get prorated tenant rent -- with a utility reimbursement of the excess where the allowance is larger. It is the ASSISTANCE PAYMENT that is multiplied by the fraction, not the tenant payment; the tenant's revised payment falls out of the subtraction. A mixed APPLICANT family is eligible only for prorated assistance, never for continued assistance at the full level. Section 236 properties follow Exhibit 3-13 or Exhibit 3-14 instead.

Confidence

high

Effective from

1995-06-19

Consequence model

agency finding with cure

Last reviewed

2026-09-02