Farm labor eligibility turns on a substantial portion of income test: 65 percent of the regional limit, or 110 whole days worked

rd514_516.income_eligibility.substantial_portion_of_income_from_farm_labor · v1.0.0

For occupancy of off-farm labor housing the tenant or co-tenant must receive a SUBSTANTIAL PORTION of income from farm labor employment, and 7 CFR 3560.576(b)(2) fixes what substantial means. For housing rented to farm laborers and owned by public bodies, public or private nonprofit organisations, and limited partnerships when charging rent, actual dollars earned from farm labor by a domestic farm laborer other than a migrant farmworker must equal at least 65 percent of the annual income limits published by the Agency for the applicable Standard Federal region; for migrant farmworkers living in seasonal housing, at least 50 percent. Where actual earnings are not available the alternate measure is time worked: at least 110 whole days of farm work in the preceding 12 months, a whole day being the equivalent of at least 7 hours, and where a period longer than a year is used the yearly average must still reach 110 days. Where a natural disaster has occurred the figures for the 12 months preceding the disaster are used.

Confidence

high

Effective from

2022-03-01

Last reviewed

2026-08-30