3-13 Determining Eligibility of Students for Assistance

• A. Eligibility of Students for Section 8 Assistance

  1. Owners must determine a student’s eligibility for Section 8 assistance at move-in, annual recertification, initial certification (when an in-place tenant begins receiving Section 8), and at the time of an interim recertification if one of the family composition changes reported is that a household member is enrolled as a student.

  2. Section 8 assistance shall not be provided to any individual who:

     • a. Is enrolled as either a part-time or full-time student at an institution of higher education for the purpose of obtaining a degree, certificate, or other program leading to a recognized educational credential; and

     • b. Is under the age of 24; and

     • c. Is not married; and

     • d. Is not a veteran of the United States Military; and

     • e. Does not have a dependent child; and

     • f. Is not a person with disabilities, as such term is defined in 3(b)(3)(E) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving section 8 assistance as of November 30, 2005. (See Definition E in Figure 3-6); and

     • g. Is not living with his or her parents who are receiving Section 8 assistance; and

     • h. Is not individually eligible to receive Section 8 assistance or has parents (the parents individually or jointly) who are not income eligible to receive Section 8 assistance. (See paragraph 3-33 for verifying parents eligibility.)

NOTE: Unless the student can demonstrate his or her independence from parents, the student must be eligible to receive Section 8 assistance and the parents (individually or jointly) must be eligible to receive Section 8 assistance in order for the tenant to receive Section 8 assistance.

3. For a student to be eligible independent of his or her parents (where the income of the parents is not relevant), the student must demonstrate the absence of, or his or her independence from, parents. While owners may use additional criteria for determining the student’s independence from parents, owners must use, and the student must meet, at a minimum all of the following criteria to be eligible for Section 8 assistance. The student must:

HUD Occupancy Handbook 3-40 8/13 Chapter 3: Eligibility for Assistance and Occupancy

Section 1: Program Eligibility

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• a. Be of legal contract age under state law;

• b. Have established a household separate from parents or legal guardians for at least one year prior to application for occupancy, or, meet the U.S. Department of Education’s definition of an independent student. (See the Glossary for definition of Independent Student);

• c. Not be claimed as a dependent by parents or legal guardians pursuant to IRS regulations; and

• d. Obtain a certification of the amount of financial assistance that will be provided by parents, signed by the individual providing the support. This certification is required even if no assistance will be provided.

4. Any financial assistance a student receives (1) under the Higher Education Act of 1965, (2) from private sources, or (3) from an institution of higher education that is in excess of amounts received for tuition is included in annual income, except if the student is over the age of 23 with dependent children or if the student is living with his or her parents who are receiving Section 8 assistance. (See Glossary for expanded definition of Student Financial Assistance.)

5. If an ineligible student is a member of an existing household receiving Section 8 assistance, the assistance for the household will not be prorated but will be terminated in accordance with the guidance in paragraph 8-6 A.

NOTE : An owner cannot evict or require an ineligible student to move from a unit as long as the student is in compliance with the terms of the lease.

HUD Occupancy Handbook 3-41 8/13 Chapter 3: Eligibility for Assistance and Occupancy

Section 1: Program Eligibility

4350.3 REV-1