Section 8 student eligibility is redetermined at move-in, initial and annual recertification and at any interim reporting a student, against an eight-part test plus the parents' eligibility

s8.student_status.section_8_student_eligibility_and_independence · v1.0.0

Owners must determine a student's eligibility for Section 8 assistance at move-in, at annual recertification, at initial certification when an in-place tenant begins receiving Section 8, and at an interim recertification when one of the family composition changes reported is that a household member is enrolled as a student. Section 8 assistance shall not be provided to an individual who is enrolled part-time or full-time at an institution of higher education for the purpose of obtaining a degree, certificate or other recognised educational credential, AND is under 24, AND is not married, AND is not a veteran of the United States military, AND does not have a dependent child, AND is not a person with disabilities as defined in section 3(b)(3)(E) of the 1937 Act who was receiving Section 8 assistance as of 30 November 2005, AND is not living with parents who are receiving Section 8 assistance, AND is not individually eligible to receive Section 8 assistance or has parents who are not, individually or jointly, income eligible. Unless the student can demonstrate independence from parents, both the student and the parents must be eligible. To be eligible independent of parents the student must, at a minimum, be of legal contract age under state law; have established a household separate from parents or legal guardians for at least one year prior to application, or meet the Department of Education's definition of an independent student; not be claimed as a dependent by parents or legal guardians under IRS rules; and obtain a certification of the amount of financial assistance the parents will provide, signed by the person providing the support, which is required even where none will be provided. Where an ineligible student is a member of an existing assisted household the assistance is not prorated but terminated, and the owner cannot evict or require the ineligible student to move so long as the student complies with the lease.

Confidence

high

Effective from

2013-08-07

Last reviewed

2026-09-01