Admitting an over-income applicant needs prior written HUD approval, except in 236, Rent Supplement and RAP units under the 10 percent market-rent threshold with no eligible applicant available

s8.income_eligibility.over_income_admissions_require_hud_approval · v1.0.0

Where an owner is temporarily unable to lease all units to income-eligible families, the owner may admit applicants whose incomes exceed the applicable programme income limits only with prior written HUD approval, requested through the Field Office; for Section 202 and 811 PRAC units the Field Office forwards the waiver with a recommendation to HUD Headquarters for the final decision. In BMIR properties the owner must not admit income-ineligible applicants without prior written HUD approval, and any ineligible family admitted must pay market rent. In Section 236, Rent Supplement and RAP units the owner may admit over-income families WITHOUT HUD approval if there are no income-eligible applicants available and fewer than 10 percent of the units are already occupied by tenants paying market rent; at 10 percent or more the owner must obtain HUD's approval. For that 10 percent, units means only the units covered by the RAP or Rent Supplement contract, and for Section 236 properties all units in the project. Before admitting any ineligible applicant the owner must first admit all available eligible applicants unless there is good cause for denying assistance, take all reasonable steps to attract eligible families including marketing outside the immediate area, and place in the ineligible tenant's file a written certification that both of those steps were completed.

Confidence

high

Effective from

2013-08-07

Last reviewed

2026-09-01