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 Housing960.253(c)(1)-(3), Income-based rent
- Section 8 and Public Housing - Occupancy Requirements, Income and Family Payment5.628(a), Determining total tenant payment
- Section 8 and Public Housing - Occupancy Requirements, Income and Family Payment5.632(a)(2), Utility reimbursements - applicability
- Section 8 and Public Housing - Occupancy Requirements, Income and Family Payment5.611(b)(1)(i), permissive deductions in public housing
- 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