Both state and federal public housing have rules stating that certain income
should be ignored, or excluded, when determining your rent. These are called
Both state and federal public housing
If you live in either state or federal public housing, the following income is not counted when calculating rent:xviii
Regular payments
- Food stamps,
- Fuel assistance,
- Payments under the SSI PASS (Plan for Achieving Self-Support) Program,
- Payments under the Domestic Volunteer Services Act of 1973.
One-time (or
lump sum
) payments
- Irregular gifts, inheritances, life insurance proceeds, or return on an investment (return on capital).
Earnings of the following people
- Minor,
- Live-in attendant for person with a disability,
- A member of armed forces in a war zone.
Earned income tax credit refunds
Amounts received for medical care and expenses
xixCompensation for injury or loss of property
- Court judgments or settlements,
- Workers compensation,
- Insurance payouts.
State public housing only
If you live in state public housing, the following income is not counted:
Compensation for income lost
- when tenant was not living in public housing (including lump sum payments).
Relocation payments
from state or federal relocation funds.
Education-related payments:
- Scholarships or stipends for housing paid by a non-household member (for full-time or part-time students).
Training:
Payments associated with training for employment programs to cover costs such as transportation, fees, books, or child care during training. (This does not apply to wages from on-the-job training.)
Earnings of the following people:
- Full-time student 18-25 years old (who is not head of house or spouse).
- A senior working over 20 hours per week at minimum wage.
- People who started working who received government cash assistance
for 12 months before working. See If I work and my rent increased a lot, what can I do?.
Veterans:
- Amounts paid to a veteran for tuition or other costs.
- All but $1,800 received from federal government by unemployable disabled veteran (discretionary).
Federal public housing only
If you live in federal public housing, the following income is not counted:
Social Security:
Deferred payments from SSI and SSDI that are
Education-related payments:
Student financial assistance paid to the student or education institution.
Property tax rebates
Regular payments:
- Foster care for children or adults;
- Adoption assistance payments over $480;
- First $200 per month of a resident service stipend (includes resident commissioners);
- Payments to crime victims;
- Certain payments from federal programs: AmeriCorps, Job Training Partnership Act, Workforce Investment Act, the Child Care and Development Block Grant Act, the Older Americans Act of 1965 (senior aide program);
- Reparations for persecution during Nazi era;
- Certain repayments to Native Americans.
Education-related payments:
- Certain assistance or work-study paid to student or the institution,
- HUD-funded training programs,
- Incremental earnings when participating in an employment training program.
Welfare-related payments:
Reimbursements of out-of-pocket expenses (clothing, special equipment, transportation, child care) in order to participate in specific training programs.
Medical-related payments:
Payments by a state agency to a family member with developmental disability for costs of services or equipment to keep family member at home.
Medicare:
Any subsidy received to assist low-income people in paying for Medicare prescription drug plan costs.xx
Earnings of the following people:
- Full-time students over 18 earning more than $480,
- People who start working who meet certain requirements. See If I work and my rent increased a lot, what can I do?.
xviii State
xix State: 760 C.M.R. § 6.05(3)(b). Federal: 42 U.S.C. § 1437a(b)(5)(A)(ii); 24 C.F.R. § 5.609(c)(4).
xx HUD PIH Notice 05-37.
Produced by Massachusetts Law Reform Institute Created April 14, 2006