An over-income family gets 24 consecutive months, with written notice at each of three determinations

ph.over_income.twenty_four_month_grace_period_and_notices · v1.0.0

Families participating in the public housing program must not have incomes that exceed the over-income limit for more than 24 consecutive months. This applies to all families in the program, including Family Self-Sufficiency families and all families receiving the earned income disallowance. The over-income limit is determined by multiplying the applicable income limit for a very low-income family as defined in 24 CFR 5.603(b) by a factor of 2.4. Where the PHA determines on an income examination that a family has exceeded the over-income limit it must give the family written notice of the determination no later than 30 days after the examination, stating that the family has exceeded the limit and that continuing to exceed it for a total of 24 consecutive months will result in the PHA following its continued occupancy policy for over-income families. The PHA must conduct a further income examination 12 months after the initial determination unless the family's income has fallen below the limit, and must give written notice of a 12-month determination no later than 30 days after that examination, including where applicable a current estimate of the alternative non-public housing rent for the family's unit. It must conduct a further examination 24 months after the initial determination and give written notice of a 24-month determination no later than 30 days after it. At each of the three notices the PHA must afford the family an opportunity for a hearing under 24 CFR part 966 subpart B if the family disputes the over-income determination within a reasonable time. If at any time during the 24-month period the PHA determines the family's income is below the limit, the family is entitled to a fresh 24 consecutive month period and to fresh notices should it exceed the limit again. Each PHA must report annually to HUD the number of families residing in public housing with incomes exceeding the over-income limit and the number of families on its waiting lists, and those reports must also be made publicly available.

Confidence

high

Effective from

2023-03-16

Consequence model

agency finding with cure

Last reviewed

2026-08-30