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HOUSING VOUCHER PROGRAMS - POLICY AND PROCEDURES MANUAL

CHAPTER III. Selecting Names/Voucher Issuance

Section B:  Definition of Family and Family Composition/Codes

Each applicant applying for and receiving assistance under the Housing Choice Voucher (HCV) Program must meet the definition of family.  Only applicants who meet MSHDA’ S definition of family are eligible.  

Definition of Family - A person living alone or a multiple person household whose combined income does not exceed the income limits prescribed by HUD.

Family Composition/Codes

HUD’s Multi-Tenant Characteristic System (MTCS) reporting requires MSHDA to enter/update relationship codes for every household member with each MTCS transaction. Fatal errors and discrepancy reports from HUD occur when inaccurate relationship codes are entered and transmitted via MTCS.  Refer to the Elite User Guide, Tab Section, Overview of Family Members, for appropriate coding in Waiting List and  Resident Processing, otherwise the entire record is rejected and/or an income discrepancy is created.

Head of Household

The head of the household is the adult member of the household who the family designates as head on the Household, Income, Asset, and Expense Declaration (MSHDA 1890) who wholly or partly has responsibility for paying the rent, and has the legal capacity to enter into a lease under State and/or local law.  Note:  Emancipated minors who qualify under State law can be recognized as head of household. 

Spouse

The spouse is the legal husband or wife of the head of household.  The spouse is the marriage partner whom, in order to dissolve the relationship, would have to be divorced.  The term spouse does not apply to boyfriends, girlfriends, significant others, or co-heads.

If a spouse is under 18, code as a dependent (i.e. $480 dependent allowance). Verify the family status (via check-back) when the spouse turns 18 and change the relationship code in Elite at that time.

At check-back time refer to Chapter X, Interim Re-examinations for processing instructions.

Co-Head

A co-head is the boyfriend, girlfriend, or significant other of the head of the household.  This person has equal responsibility for the lease.  A family may have a spouse or co-head, but not both. 

If the co-head is under 18, enter in Elite as a dependent (i.e. $480 dependent allowance).  Verify family status (via check-back) when the co-head turns 18 and change the member data in Elite at that time. At check-back time, refer to Chapter X, Interim Re-examinations for processing instructions.

Dependent

A family member (except foster children and foster adults) qualifies as a dependent if they are:

  • Under 18 years of age; or
  • Another adult with a verified disability; or
  • A verified full-time dependent student; or     
  • A spouse or co-head under 18 years of age

A head of household cannot be a dependent.

Disabled Person -The definition of a disabled person is a person who:

  • Has a disability, as defined in (A) 42 U.S.C. 423 and is determined to have a physical, mental, or emotional impairment that is expected to (1) be of long-continued and indefinite duration, (2) substantially impede his or her ability to live independently, and (3) be of such a nature that the ability to live independently could be improved by more suitable housing conditions, or (B) has a developmental disability as defined in 42 U.S.C. 6001.  This definition includes persons who have the disease of acquired immunodeficiency syndrome (AIDS) or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome.  For purposes of qualifying for low-income housing, it does not include a person whose disability is based solely on any drug or alcohol dependence; and means “individual with handicaps,” for purposes of reasonable accommodation and program accessibility for persons with disabilities.
  • Is receiving Supplemental Security Income (SSI) if under the age of 65, or who meets the definition of disabled as described on the Verification of Disability and/or Special Medical Needs (MSHDA 16), or who identifies themselves as disabled on the application.

NOTE: The disabled person definition is included on the MSHDA 16.

Elderly Person

An individual whose age is at least 62.  

When the head/co-head/spouse turns 62, they qualify for the $400 elderly/disabled household allowance with the effective date of the interim re-examination. 

Emancipated Minor

An individual who is a minor and is legally free from parental control and supervision meets this definition.  A minor who is not ‘emancipated’ may not be a responsible party to the Lease Agreement.  If it is unclear whether a minor has been legally declared ‘emancipated’ request a copy of the Emancipation Order or military papers.

‘Emancipation’ occurs by operation of law or court order:

  • Operation of law occurs when (1) a person reaches 18 years of age, or (2) during the period when a minor is on active duty with the armed forces of the United States.
  • Court order pursuant to a petition filed by a minor with the probate court.  The court may issue an ‘Emancipation Order’ if it determines that emancipation is in the best interest of the minor.  A copy of the Emancipation Order is required to confirm that the minor is emancipated.

Note:  Marriage does not automatically emancipate a minor.

Foster Care/Children 

For purposes of determining the appropriate household size:

  • A child who is away from home due to placement in foster care and is expected to return prior to the next re-examination is a member of the family. 
  • Foster children are part of the household.  However, if during the term of the contract the foster child moves from the residence, the tenant must notify the HA (Housing Agent) of the decrease in family size.  If the change in family composition requires that a voucher be downgraded, the tenant must be immediately notified in writing (via a Subsidy Size Decrease form (MSHDA 147) that their voucher will be decreased at re-examination or move, whichever occurs first. 
  • Foster children residing in the unit along with families who are certified for foster care and are awaiting placement of children, is an eligible member(s).  Verify foster care participation in writing or by phone with the child placement agency via a Supplemental Information form (MSHDA 77).  If children are anticipated to occupy the unit within a reasonable period of time, they must be considered when determining the issuance size.
  • Foster children are NOT considered ‘dependents’ and income received specifically for foster care is excluded.  Foster care payments are not counted as household income.

Full-time Student 18+

Verify dependent student status via the School Verification form (MSHDA 55) for all household members 18 years and older.  The verification must confirm full-time (not part-time) dependent student status to qualify for the $480 dependent allowance.  Dependent student status means the student lives with his/her parent/guardian(s) and is claimed as a dependent by the parent/guardian(s) and eligibility for the HCV Program is based on the income of the parent/guardian(s) and all other members of the family.  Housing Agents must review dependent student status at least annually and any time MSHDA is notified of a student status change.  Changes in full-time student status may affect TTP calculations (i.e. loss of $480 dependent allowance, loss of excluded wages).  See Chapter IV, Income Verification for additional information. 

Full Time Live-In Aide

A person approved by MSHDA who resides with one or more elderly persons or disabled persons and who is:

  • Determined by a licensed health care professional to be essential to the care and well being of an elderly or disabled person.  Verify using Verification of Medical Expense/Special Needs, MSHDA 16 or MSHDA100 (version 7/00 or older), and  
  • Not obligated for the support of the person(s) and who would not normally/otherwise be a member of the household, and
  • Living in the unit only to provide necessary supportive services.  NOTE:  A relative or other individual may be classified as a full-time live-in aide if they would not reside in the unit except as a full-time live-in aide.

A live-in aide would live in the unit and sleep there; i.e., one aide, 24-hour around the clock care.  It would not be considered a live-in aide situation when there is an agency hired to come in to provide home health care and different individuals assist for three 8-hour shifts to provide the 24-hour care.

Live-in Aide Documentation Requirements:

  • MSHDA 15 – Verifies name, social security number, date of birth, citizenship, and ethnicity of the Live-In Aide and certifies Live-In Aide understands reason for being in the unit and obligations to the participant. Information from the MSHDA 15 must be entered into Elite. Refer to Elite User Guide, Tab Section, Overview of Family Members.
  • MSHDA 16 – Verifies need for a Full Time Live-In Aide (Also, refer to Issuance Size Exceptions);
  • Lease – Members of household section must include the words  “Full Time Live-in Aide”;
  • HAP Contract – Members of household section must include the words  “Full Time Live-in Aide”;

A bedroom for the full-time live-in aide is included in the voucher eligibility size. A live in aide qualifies for occupancy as long as the person receiving supportive services resides in the unit and has a documented need for services.

If a household member changes their status from a family member to a live-in aide, the member loses their right to become a future household member. Explain this policy to the household; the decision is non-revocable.

Live-in aides or live-in aide family members do not:

  • Qualify for continued occupancy with rental assistance as a Remaining Tenant of the tenant family.
  • Need to comply with citizenship requirements.
  • Need to provide additional income verification paperwork.

For live-in aides or live-in aide family members, Housing Agents do not:

  • Provide or verify income for purposes of determining eligibility or level of benefits.
  • Count live-in aides and/or their minor children as dependents.

Live-In aides or live-in aide family members must successfully pass a criminal screening before becoming a part of the household. 

Annually, the HA must verify that a full time live-in aide still qualifies and resides in the unit.

  • Documentation in the file must include a MSHDA 16 that is obtained each year OR a permanent MSHDA 16 or MSHDA 100 (dated 7/00 or earlier and designated by the appropriate check box).
  • Live-In Aide must complete and submit a Live-In Aide Certification (MSHDA -15)
  • During the annual inspection, determine if the full-time live-in aide is residing in the unit. If investigation proves the Live-In Aide is not residing in unit, notify the family via the Family Size Subsidy Decrease Form (MSHDA 47). Refer to Chapter X, Section E for removing household members.

Whenever a file is touched, the HA must verify the name of the live-in aide.  If live-in aide has changed, HA must obtain a new MSHDA-15 from the new live-in aide, perform a criminal screening on the new live-in aide, and change live-in aide personal information data on Elite as appropriate.

Adding New Members

The family must obtain written approval from both the landlord and MSHDA to add new member(s), except for adding a child by birth, adoption, or court-awarded custody (new spouse, children, other relatives, friends, significant others, etc. require approval).  Acceptable written approval would be a letter from the tenant which includes a statement from the landlord approving the addition to the household and that is signed and dated by both parties.

When the HA receives a written approval from the tenant and landlord agreeing to the additional household member, the HA must:

  1. Perform Criminal and Sex Offender Screening - for all adult members added to the family.  MSHDA cannot approve adult members who do not pass the screening.
  2. Issue a New Voucher (HUD 52646) - If approved additional members increase the voucher eligibility size, execute a new voucher of the appropriate size effective at the current annual re-examination or move, whichever occurs first.
  3. Prepare an Adjustment Notification (MSHDA 34) -Identify the new household members in the Additional Provisions section of the form.  (Note: Completion of a MSHDA 34 signifies MSHDA approval. 

New members who don’t meet the above requirements cannot be added to the household.  Notify ineligible member(s) via a Program Termination (MSHDA 1634b) form.  If the ineligible family member remains in the unit, the family’s HCV will be terminated.

Applicable Forms List

Form Number

Name

HUD 9886

Authorization for the Release of Information/Privacy Act Notice

HUD 52646

Voucher

MSHDA 15

Certification of Live-In Aide

MSHDA 16

Verification of Disability and/or Special Medical Needs

MSHDA 34

Adjustment Notification

MSHDA 55

School Verification

MSHDA 77

Supplemental Information

MSHDA 100

Verification of Medical Expenses

MSHDA 147

Subsidy Size Decrease

MSHDA 1634b

Application Denial/Program Termination

MSHDA 1890

Household, Income, Asset, and Expense Declaration

 

(Effective February 2007)