A remaining member must have been a party to the lease when the qualifying member left and be of legal contract age; on death the survivor stays, otherwise eligibility is retested

s8.household_composition.remaining_member_of_tenant_family · v1.0.0

Where family composition changes after initial occupancy and the qualifying person leaves the unit, a determination must be made whether the remaining member of the household is eligible to receive assistance, and the answer depends on the type of project. Two basic requirements must be met: the individual must be a party to the lease when the family member leaves the unit, and must be of legal contract age under state law. In Section 202 and Section 811 the remaining family member is defined as the surviving member or members of an elderly family or family with disabilities that was a party to the lease and living in the assisted unit with the deceased member at the time of death; that person is eligible to remain in the unit and pays rent based on income, and eligibility is not reviewed. If the individual who established eligibility for the project leaves for any reason OTHER than death, in a Section 202/8, Section 202 PAC, Section 202 PRAC or Section 811 PRAC project the owner must determine whether those still residing in the unit meet the project's eligibility requirements as to income and age or disability; if not, the person may not receive rental assistance and, in a 202/8 or 202 PAC project, may remain in the unit paying contract rent, while in a Section 202 PRAC or 811 PRAC project may not remain in the unit at all.

Confidence

high

Effective from

2013-08-07

Last reviewed

2026-09-01