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federalUnited StatesPublic Housingasset_treatment

A public housing unit may not be rented to a family over the net asset limit or owning suitable real property

ph.asset_treatment.net_asset_and_property_ownership_limits · v1.0.0

A dwelling unit in the public housing program may not be rented, either initially or upon reexamination of family income, to any family whose net assets exceed $100,000 as annually adjusted by HUD by the Consumer Price Index for Urban Wage Earners and Clerical Workers, or to any family that has a present ownership interest in, a legal right to reside in, and the effective legal authority to sell real property that is suitable for occupancy by the family as a residence. The real property restriction does not apply to property jointly owned with a non-household member who resides there, to a person who is a victim of domestic violence, dating violence, sexual assault or stalking, or to a family offering the property for sale. Property is treated as suitable for occupancy unless the family demonstrates that it does not meet the disability-related needs of all family members, is not sufficient for the size of the family, is geographically located so as to be a hardship, is unsafe because of its physical condition, or is not a property the family may reside in under state or local law. The PHA may determine net assets from a family certification that net family assets do not exceed $50,000 as annually adjusted, without taking further steps to verify the declaration, and may determine compliance with the real property restriction from a family certification. On reexamination the PHA may choose not to enforce the restrictions, or may establish exceptions based on eligibility criteria, but only pursuant to an adopted written policy, and may delay initiation of eviction or termination proceedings for noncompliance for not more than six months.

Confidence
high
Effective from
2024-01-01
Consequence model
agency finding with cure
Last reviewed
2026-08-30

Evidence required

  • Self-certification of net family assets(conditional)
  • Asset verification(one_per_asset)

Citations

All sources verified within 1 day
  • Section 8 and Public Housing - Occupancy Requirements, Income and Family Payment
    5.618(a)(1), Restrictions based on net assets and property ownership
    regulationSource ↗verified 1d ago
  • Section 8 and Public Housing - Occupancy Requirements, Income and Family Payment
    5.618(b)(1), Acceptable documentation
    regulationSource ↗verified 1d ago
  • Section 8 and Public Housing - Occupancy Requirements, Income and Family Payment
    5.618(c)(1)-(2), Enforcement
    regulationSource ↗verified 1d ago
  • Section 8 and Public Housing - Occupancy Requirements, Income and Family Payment
    5.618(d), Delay of eviction or termination of assistance
    regulationSource ↗verified 1d ago
  • Admission to, and Occupancy of, Public Housing
    960.259(c)(2), asset verification cadence
    regulationSource ↗verified 1d ago
  • Eligibility for assistance based on income (Section 16 of the United States Housing Act of 1937)
    42 U.S.C. 1437n(e), Eligibility for assistance based on assets
    statuteSource ↗verified 1d ago