Rules & Regulations of the State of Tennessee
Title 0770 - Housing Development
Chapter 0770-01-05 - Housing Choice Voucher Program
Section 0770-01-05-.12 - INCOME LIMITS (24 CFR 982.201, 982.353)
Universal Citation: TN Comp Rules and Regs 0770-01-05-.12
Current through December 26, 2024
(1) For rules on how to calculate income, see Income and Asset Determination § 0770-01-05-.19.
(2) Income Eligibility.
(a) Income limits only apply at admission and
portability when the household is a new admission or issued directly from a
waiting list, not at recertification.
(b) An applicant must be one of the
following:
1. An extremely low-income family
(thirty percent (30%) of area median income),
2. A very low-income family (fifty percent
(50%) of area median income), or
3.
A low-income family (eighty percent (80%) of area median income) in any of the
following categories:
(i) Continuously
assisted (less than one hundred twenty (120) days of interruption between the
assisted occupancy of one unit and the subsequent assistance of occupancy for
another assisted unit), under the 1937 Housing Act, meaning the family is
already receiving assistance from any program under the act when the family is
admitted to the HCV Program;
(I) 1937 Housing
Act programs include the Public Housing Program and all of the Section 8
project and tenant-based programs, as well as the old Section 23 leased housing
and the Section 23 housing assistance payments programs.
(ii) Physically displaced by rental
rehabilitation activity under 24 CFR 511;
(iii) Non-purchasing family residing in a
HOPE 1 or HOPE 2 project or a project similar to a homeownership program under
24 CFR
248.173; or
(iv) Displaced as a result of the prepayments
of a mortgage or voluntary termination of a mortgage insurance contract on
eligible low-income housing under
24 CFR
248.101.
(c) A household whose income increases above
the extremely-low or very-low income limit may continue on the program as long
as the household is still otherwise eligible.
(3) Income Targeting. HUD's income targeting provisions require that seventy-five percent (75%) of new admissions each fiscal year have a gross annual income at or below the extremely low-income limit.
(a) The THDA tracks the percentages of
new admissions by income for each county on a monthly basis to ensure that 75%
percent of all new admissions are at or below the extremely low-income
limit.
(b) At the Eligibility
Interview, the THDA will compare the applicant's annual gross income to the
appropriate income limit established by HUD.
(c) When the THDA is not meeting
income-targeting standards, the following procedures will be implemented:
1. Applicant households with a gross annual
income at or below the extremely low-income limit will be admitted.
2. Applicant households with a gross annual
income greater than the extremely low-income limit, but less than the very
low-income limit, will be returned to the waiting list by the date and time of
their pre-application.
3. Applicant
households with a gross annual income that exceeds the very low-income limit
will be denied admission and their name will be removed from the waiting list,
unless the family meets the criteria for an acceptable low-income limit
category as outlined above in §
0770-01-05-.12(2)(b)
3.
4. Applicant households with a
gross annual income that exceeds the very low-income limit, but meet the
criteria for an acceptable low-income limit category, will be returned to the
waiting list by the date and time of their pre-application.
(d) The THDA is exempt from
income-targeting requirements when providing assistance to low-income or
moderate-income families that are entitled to preservation assistance as a
result of a mortgage pre-payment or opt out (enhanced vouchers).
Authority: T.C.A. §§ 13-23-104, 13-23-115(18), 42 USC §§ 1437, and 24 CFR, Part 982.
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