Rules & Regulations of the State of Tennessee
Title 0770 - Housing Development
Chapter 0770-01-05 - Housing Choice Voucher Program
Section 0770-01-05-.11 - FAMILY COMPOSITION (24 C.F.R. 5.403, 982.201)

Universal Citation: TN Comp Rules and Regs 0770-01-05-.11

Current through September 24, 2024

(1) Definition of Family. An applicant must meet the definition of family as defined by HUD and the THDA in order to be eligible for assistance. Family is generally defined as one or more persons sharing residency, or who intend to share residency, regardless of actual or perceived sexual orientation, gender identity, or marital status, whose income and resources are available to meet the household needs. Family includes, but is not limited to:

(a) A Single Person. The person may be elderly, displaced, disabled, near-elderly, or any other single person, if they meet the other eligibility criteria; or

(b) A Group of Persons Residing Together:
1. A family with or without children.

2. An elderly family, defined as a family whose head, co-head, spouse, or sole member is at least sixty-two (62) years old and may include two or more persons living together who are at least 62 years of age or one or more persons who are at least 62 years old that are living with one or more live-in aides.

3. A near-elderly family, defined as a family whose head, including co-head, spouse, or sole member is a person who is at least fifty (50) years old, but below the age of sixty-two (62); or two or more persons living together who are at least 50 years old but below the age of 62; or one or more persons who are at least 50 years old but below the age of 62 that are living with one or more live-in aides.

4. A disabled family, defined as a family whose head, co-head, spouse, or sole member is a person with a disability and may include two or more persons with disabilities living together or one or more persons with disabilities living with one or more live-in aides.

5. A displaced family, defined as a family in which each member, or whose sole member, is a person displaced by government action or a person whose dwelling has been extensively damaged or destroyed because of a disaster declared or otherwise formally recognized pursuant to federal disaster relief laws.

6. The remaining member of a tenant family.

(2) Family Relationships. Applicants and program participants are required to identify the relationship of each household member to the head of household.

(a) Head of Household. The adult member of the family who is considered the head for purposes of determining income eligibility and rent. The head of household is responsible for ensuring that the family fulfills all of its responsibilities under the program, alone or in conjunction with a co-head or spouse.
1. The household may designate any qualified household member as the head of household.

2. Has the legal capacity to enter into a lease under local/state law or has a conservator that has the legal capacity to enter into a lease under local/state law.

3. The person who assumes legal and moral responsibility for the household.

4. Listed on the pre-application as the head and accepts sole responsibility for reporting true and accurate information for the household.

5. A household may not designate a family member as the head of household solely to qualify the household as an elderly or disabled household.

(b) Spouse of the Head of Household. The marriage partner of the head of household, equally responsible with the head for the legal and moral responsibility of the household.
1. The term "spouse" does not apply to domestic partners or co-heads.

2. A spouse never qualifies as a dependent.

(c) Co-head. An individual, equally responsible with the head of household for the legal and moral responsibility of the household, such as a domestic partner or paramour.
1. A household may have a co-head or a spouse, but not both.

2. A co-head never qualifies as a dependent.

(d) Other Adult. A member of the household, excluding foster adults and live-in aides, other than the head, spouse, or co-head, who is eighteen (18) years old or older on the effective date of any action.

(e) Emancipated Minor.
1. A youth is considered to be an emancipated minor once the age of eighteen (18) is attained.

2. The marriage of a minor is considered an emancipating event, thereby terminating the responsibility of the parent(s) for the support of the minor.

3. Generally, graduation from high school is also an emancipating event, thereby terminating the responsibility of the parent(s) for the support of the minor.

(f) Dependents. A dependent is a family member who is under the age of eighteen (18), or a person of any age who either has a disability or is a full-time student.
1. The head of household, spouse, co-head, foster children/adults, and live-in aides can never be dependents.

2. Dependents do not need to be related to the head of household.

3. A child absent because of temporary placement in foster care outside of the home, as evidenced by court order, is considered a member of the family, and therefore considered in determining family size at initial eligibility. However, if the child continues to be absent at any annual certification, then the child will be removed from the household until the court places the child back with the family permanently.

4. Joint Custody of Children. In order for a child to be considered a dependent member of a household, the child must be living, at least fifty-one (51%) percent of the time, with the parent applying for or receiving assistance.
(i) Fifty-one percent is defined as at least one hundred eighty-three (183) days of the year and the days do not have to run consecutively.

(ii) Only one parent may claim a child under any of the HUD housing programs at one time, even if both parents are seeking or receiving assistance and share joint custody. Therefore, if both parents are trying to claim a child and the 51% rule cannot be determined, the parent whose address is listed in the school or other official record will be allowed to claim the child.

(iii) Children subject to a joint custody agreement that live with both parents an equal percent of time, will be considered members of applicant or participant households as long as the other parent is not applying or receiving assistance under any HUD housing program.

5. Full-Time Student over the Age of Eighteen. A member of the household, other than the head, spouse, co-head, foster child, or foster adult, who is eighteen (18) years of age or older, and carries a subject load that is considered full-time status under the standards and practices of the educational institution the student attends is considered a dependent.
(i) Educational institution also includes vocational schools with diploma or certificate programs, as well as degree-granting institutions.

(ii) A home-school student must satisfy all applicable state and local laws covering home schooling

(3) Household. Household is not the same thing as family. Foster Children, Foster Adults, and Live-in Aides may all be considered household members if they are approved by the THDA, but they are not family members. Therefore, they will only be considered in determining subsidy size upon initial eligibility or allowed to be added to the household under the following guidelines, but they are not allotted a dependent allowance.

(a) Foster Children and Adults.
1. Foster Child Definition. A member of the household under the age of eighteen (18) or a full-time student that is 18 years or older that is in the legal guardianship of a State, county, or private adoption or foster care agency, yet are cared for by foster parents in the assisted unit, under some kind of short-term or long-term foster care arrangement.

2. Foster Adult Definition. A member of the household, usually a person with a disability unrelated to any member of the household who is unable to live alone, who is eighteen (18) years of age or older for whom the household provides necessary shelter, care, and protection.

3. Determination of Subsidy Size. Foster Children and Foster Adults will be considered in the subsidy size if the arrangement is pre-existing at the time of approval of initial eligibility to the Program. After initial eligibility, Foster Children and Foster Adults will not be used to determine subsidy size, but may only be added to the household if:
(i) The family follows the THDA's policies for obtaining approval and adding additional household members; and

(ii) The addition of the Foster Child(ren) or Adult(s) will not cause overcrowding of the unit.

(b) Live-In Aide. According to 24 C.F.R. 982.316, a live-in aide is a person who lives with the elderly, near-elderly, or disabled member(s) of a household.
1. A person must receive approval from the THDA to be designated as a live-in aide by meeting the following conditions:
(i) Must be an adult or emancipated minor;

(ii) Must be essential to the care and well-being of the elderly, near-elderly, or disabled household member(s), as verified by a knowledgeable healthcare professional;

(iii) Would not be living in the household unit, except to provide the essential care;

(iv) Must not be obligated for the support of the elderly, near-elderly, or disabled member; and

(v) May not be considered the remaining member of a household, but may be changed from a live-in aide to an "Other Adult" during the course of the assistance as long as:
(I) The live-in aide is otherwise eligible according to the rules under this plan for additions to the household;

(II) The household follows the rules for additions to the household.

(III) The change is not for the purpose of attempting to make the live-in aide the remaining member of household. If the THDA discovers that such manipulation has occurred, the household will be terminated from the program. The THDA reserves the right to conduct an audit inspection of the assisted unit to verify compliance as it relates to an additional bedroom allocation.

2. A caregiver may only be defined as a full-time live-in aide if a healthcare provider certifies that care is needed on a full time basis. THDA defines a full-time live-in aide as:
(i) Care is needed twelve (12) hours or more per day; or

(ii) Care is needed overnight.

(iii) If care is needed on full-time basis, the addition of a live-in aide should follow the current bedroom allocation specified by household composition currently outlined in the Administrative Plan. However, THDA may make an accommodation to the voucher size allowing an additional bedroom allocation as a reasonable accommodation for the family based on verified medical need.

(iv) If care is needed on a part-time basis, no additional bedroom allocation or accommodation of the voucher size will be granted.

3. A relative may serve as a live-in aide as long as they qualify according to the above requirements.

4. If the person does not qualify as a live-in aide, they may be added as an "Other Adult."

5. The THDA may deny or withdraw approval of a person as a live-in aide if such person:
(i) Commits fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program; or

(ii) Commits drug-related criminal activity or violent criminal activity; or

(iii) Currently owes rent or other amounts to any Public Housing Authority in connection with Section 8 or public housing assistance under the U.S. Housing Act of 1937.

(4) Multiple Families in the Same Household. Even though it may appear that there are two or more families within the same household (ex. Mother and father with a daughter who also has her own family), all will be treated as one family if they apply as a single household unit.

(5) Verifications.

(a) Legal Identity/Age.
1. Applicants and participants must furnish verification of legal identity and age for each household member. The household member must furnish documents for viewing and copying.

2. A birth certificate or mother's copy from the hospital will be requested, unless the family offers a reasonable explanation for not having access to their birth certificate. Typically, unless a person was born prior to 1950, a birth certificate is readily available through vital records in the state of birth (or vitalcheck.com).
(i) Verification when birth certificate is not available, including, but not limited to:
(I) Naturalization papers.

(II) Church-issued Baptismal certificate.

(III) U.S. passport.

(IV) Adoption papers.

(V) Military discharge papers.

(VI) Social Security Administration Benefits Printout.

(VII) For children, court orders which display birth date or age or school records may also be used.

3. If a document submitted is illegible or otherwise questionable, more than one of these documents may be required. The document will be retained in the permanent records section of the THDA participant file.

4. Legal identity will be verified for program eligibility and on an as-needed basis.

5. Age need only be verified once during continuously assisted occupancy.

(b) Family Composition. Applicants and program participants are required to identify the relationship of each household member to the head of household. Definitions of the primary household relationships are provided at 0770-01-05-.11.
1. Family relationships are verified only to the extent necessary to determine a household's eligibility and level of assistance. Certification by the head of household normally is sufficient verification of family or household relationships, unless stated otherwise.

2. Marriage. If the THDA has reasonable doubts about a marital relationship, the THDA will require the family to document the marriage with a marriage certificate. To obtain a copy of the marriage certificate the client may apply to www.vitalcheck.com in order to request an official copy of the certificate. The THDA may also use an affidavit in cases of spouses that are married, but living separately.

3. Separation or Divorce.
(i) A certified copy of a divorce decree, signed by a court officer, is required to document that a couple is divorced. If the couple has children, this decree will be used to verify child custody and child support payments.

(ii) A copy of a court-ordered maintenance, separation agreement, settlement agreement, or other court record is required to document a separation.

4. Absence of Adult Member. If an adult member is permanently absent, the household must provide evidence to support that the person is no longer a member of the household and fill out whatever form the THDA is currently using to verify the status in writing. See Interim Recertifications 0770-01-05-.26(2), for more information on this topic.

5. Minor Dependents. Documentation for household composition purposes may include, but is not limited to, birth certificates, custody agreements, tax returns, computer-generated documents from schools, or other social service programs.

6. Foster Children and Foster Adults. Household must provide an acceptable computer-generated document or third-party verification from the state or local government agency responsible for the foster placement of the individual with the household.
(i) Appropriate verification includes documents showing the court assignment of the foster adult or child, computer-generated documents from a third-party source or third-party verification from the Department of Children's Services (DCS) or other social service agency contracted with DCS for foster child placement.

(ii) If the documentation is questionable, more than one document may be required to verify foster placement. Self-declaration is not acceptable to verify foster care placements.

7. Guardianship of Household Members Who are Minors. Although legal guardianship is not required, if a household has a minor in the household who is not a child by birth or adoption and who is not a foster child, and there is a question raised as to whether the child actually resides in the assisted unit, the head of household must verify that the minor resides in the unit by a preponderance of the evidence. Proper verification includes, but is not limited to:
(i) Documentation from a social services agency with the minor listed as a resident in the assisted household, such as a DHS ACCENT report, computer-generated document from the child's school verifying their enrollment, the THDA Verification of School Enrollment completed by a school official, medical records, insurance plans, or other THDA verification forms, etc.

(ii) Verification of legal guardianship acceptable under the laws of the state in which guardianship was granted, a court order of temporary custody, a power of attorney, or a temporary guardianship form.

(iii) A minor who plans to reside in a household as an adult must provide a copy of the court's order of emancipation as verification of emancipation from his or her legal guardians.

Authority: T.C.A. §§ 13-23-104 and 13-23-115(18), 42 U.S.C. § 1437, and 24 C.F.R., Parts 5 and 982.

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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