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federalUnited StatesSection 8 Project-Based Rental Assistancetenant_selection

A written policy must state whether, when and from which programs the owner will accept safe harbor income determinations, and how it will handle competing ones

s8.income.safe_harbor_written_policy · v1.0.0

The owner must establish in written policy whether and when it will accept safe harbor income determinations under 24 CFR 5.609(c)(3) - for example at reexamination only, or at admission and reexamination - including which programs it will accept income determinations from. The owner must also establish a policy setting out the course of action where a family presents multiple verifications from the same or from different acceptable safe harbor programs, such as accepting the most recent determination. These policies must be included in the owner's Tenant Selection Plan, or for a PHA in its ACOP or Administrative Plan, as applicable. Because what must be stated is whether the owner will accept such determinations, the policy obligation does not depend on the owner electing to use the device.

Split out of the safe harbor permission because it is a different obligation with a different deontic force. 24 CFR 5.609(c)(3) says the owner MAY use another program's determination; Notice H 2023-10 J.4 says the owner MUST establish in policy whether and when it will. An owner that never touches the device still owes the policy, which is precisely the reading Colorado's CHFA published for its own portfolio.
Confidence
high
Effective from
2024-01-01
Compliance date
2027-01-01
Last reviewed
2026-08-28

Evidence required

  • Tenant selection plan / resident selection criteria(exactly_one)

Citations

All sources verified within 1 day
  • Implementation Guidance: Sections 102 and 104 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA), Revision 3
    Attachment J, subtopic J.4, 'PHA/MFH Owner Discretion' block, printed p. 121 (Revision 3, issued 16 April 2026)
    binding_agency_guidanceSource ↗verified 1d ago
  • Section 8 and Public Housing - Occupancy Requirements, Income and Family Payment
    24 CFR 5.609(c)(3)(ii)
    regulationSource ↗verified 1d ago