Skip to content
RelySign in
← Back to atlas
federalUnited StatesPublic Housingtenant_payment

Income-based rent may not exceed total tenant payment less the utility allowance

ph.tenant_payment.income_based_rent_ceiling_and_total_tenant_payment · v1.0.0

Where a public housing family pays an income-based rent, the rent is determined by the PHA's own written rent policies, which may use a percentage of family income or another reasonable system and may provide for an escrow or savings deposit, a ceiling on tenant rents, or permissive income deductions. Whatever system the PHA adopts, the income-based tenant rent must not exceed the family's total tenant payment less any applicable utility allowance for tenant-paid utilities. Total tenant payment is the highest, rounded to the nearest dollar, of 30 percent of monthly adjusted income, 10 percent of monthly income, the welfare rent where a public agency designates a portion of welfare assistance to meet housing costs, the minimum rent, and for public housing only the alternative non-public housing rent. Where the utility allowance exceeds the total tenant payment the PHA must pay the excess as a utility reimbursement, either to the family or directly to the utility supplier, and where it pays the supplier it must notify the family of the amount paid.

Confidence
high
Effective from
2023-03-16
Consequence model
agency finding with cure
Last reviewed
2026-08-30

Evidence required

  • HUD-50058 Family Report(one_per_year)
  • Utility allowance documentation(conditional)

Citations

All sources verified within 1 day
  • Admission to, and Occupancy of, Public Housing
    960.253(c)(1)-(3), Income-based rent
    regulationSource ↗verified 1d ago
  • Section 8 and Public Housing - Occupancy Requirements, Income and Family Payment
    5.628(a), Determining total tenant payment
    regulationSource ↗verified 1d ago
  • Section 8 and Public Housing - Occupancy Requirements, Income and Family Payment
    5.632(a)(2), Utility reimbursements - applicability
    regulationSource ↗verified 1d ago
  • Section 8 and Public Housing - Occupancy Requirements, Income and Family Payment
    5.611(b)(1)(i), permissive deductions in public housing
    regulationSource ↗verified 1d ago
  • Rental payments (Section 3 of the United States Housing Act of 1937)
    42 U.S.C. 1437a(a)(2)(B)(ii)(I), Income-based rents
    statuteSource ↗verified 1d ago