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Federally Subsidized Housing - Unit Based (including public housing)

What is federally subsidized housing?

Federally subsidized housing means that the government pays part or all of your rent.  The part of your rent the government pays is called the "subsidy."  Unlike private rental housing, landlords in federally subsidized housing have many more rules to follow.  These rules decide about who gets into the housing (admissions), rents, leases, grievances, and evictions.  If you live in federally subsidized housing, you have more legal rights than tenants in private rental housing.  These rights include the following things.

• The landlord must follow certain rules about who gets admitted to the housing.

• Your rent is limited.

• Usually you pay no more than 30% of your income for rent and utilities.

            • Your tenancy usually is not time limited.  As long as you don't break the lease or the law, you are allowed to stay.

• You may be evicted only for good cause.

• Usually you must be given notice and a chance to contest a denial of admission.

• Before your subsidy may be ended, you must be given notice and a chance to contest.

            What are the types of federally subsidized housing?

            There are two types of federally subsidized housing.  In one type, the subsidy is tied to the housing unit.  This is called "unit-based assistance."  In the other type, the subsidy is tied to the tenant.  This is called "tenant-based assistance."  This article is about unit-based assisted housing.  Other articles on this web site are about tenant-based assisted housing.

            What is unit-based assisted housing?

There are many types of unit-based assisted housing.

• Public housing owned and operated by a public housing authority (PHA). 

            • FHA §221(d)(3) and §236 housing, which usually is privately owned rental housing insured and subsidized by the Federal Housing Administration (FHA). 

            • FmHA §515 rural rental housing, which usually is privately owned rental housing, insured and subsidized by the Rural Housing Service (formerly Farmers Home Administration).

            • §8 new construction, substantial rehabilitation, and moderate rehabilitation, which usually is privately owned rental housing insured and subsidized by the U.S. Department of Housing and Urban Development (HUD).

            How do I apply for unit-based assisted housing?

            In public housing, you usually apply at the PHA.  In other unit-based assisted housing, you apply at the management office for the project.  In all programs your application must be accepted, unless the waiting list is so long there is no reasonable chance you can get housing within a year.  You can apply at more than one housing agency.  Each housing agency has its own system for applications.  Sometimes there are long waiting lists.  If you're willing to move, you might find a housing agency that can offer you housing right away.  So check around.

Once your application is accepted, your name is put on a waiting list.  You must be told about preferences for admission.  You may be required from time to time to say you are interested in admission.  If you fail to do so, your name may be removed from the waiting list.

            Waiting lists usually are kept by number of bedrooms needed.  Waiting lists also may be separated based on preferences for admission.  When there is a vacancy, the unit must be offered in the order of bedroom size, preferences, and date & time of application.

            Who may get a preference for unit-based assisted housing?                     

            The landlord may give a preference to these people: working people, the disabled, the elderly (age 62 or older), the homeless, victims of domestic violence, and people who live in a particular area.

            Who may be admitted to unit-based assisted housing?

The landlord must use the following rules to decide who gets admitted.

• Usually, your income can be no more than 80% of area median (average) income.  Income limits vary from area to area, so you may be eligible at one housing agency but not another.

• There is no resource limit.  If you have more than $5,000 in assets, part of that can be counted as income.

• There is no minimum income requirement.  However, the landlord may look at your ability to pay basic subsidized rent.

• The landlord may not use your race, religion, national origin, sex, marital status, source of income, handicap, age, or past bankruptcy against you.

            • Both single individuals and families may be admitted.  Some units are reserved for elderly and handicapped families.

            • Only U.S. citizens and eligible immigrants may be admitted. 

The landlord must have written rules to decide who gets admitted.  These rules must be based on your fitness as a tenant.  The landlord may look at your past behavior in paying debts and bills, especially rent.  The landlord also may look at your past behavior as a tenant.  In addition, the landlord may look at your criminal record, if it involves crimes of physical violence to persons or property, or crimes affecting other tenants. 

If the landlord gets things not in your favor, the landlord also must look at things in your favor that would show your fitness as a tenant.  The landlord must look at the time, nature and

extent of your behavior, and whether it has gotten better.  The landlord also must look at whether you are in (or will be in) social service, counseling, training or job programs, and whether you are willing to increase your income.

            If you don't get admitted, the landlord must give you a written notice telling you why.

This notice must tell you of your right to contest the denial in writing and/or in person.

            How is rent set in unit-based assisted housing?

In federally subsidized housing, your rent is less than it would be without the subsidy.  Usually you pay 30% of your adjusted monthly income for your housing costs.  Your housing costs means both rent and utilities.  Your adjusted monthly income means your total income minus certain deductions.  There are deductions for dependents, elderly and disabled families,

high medical expenses, and costs of child care needed to go to work or school.            

If all utilities except telephone are included in the rent, your rent is 30% of your adjusted monthly income.  If all utilities except telephone are not included in your rent, your rent is 30% of your adjusted monthly income minus a "utility allowance."  A utility allowance is the reasonable cost of a modest amount of utilities.

If the utility allowance is more than 30% of your adjusted monthly income, you pay no rent.  You also get a monthly utility allowance check equal to the difference.

To be sure you pay the right amount of rent, you must report your income at least once a year.  You also must report changes in income and family size right away.

What does the lease say in unit-based assisted housing?

            You must be given a written lease.  The lease must tell you the amount of rent, when rent is due, the landlord's duty to keep the housing in good repair, your rights and duties, the way to handle disputes, and the way to handle evictions.  Everything in the lease must be reasonable.