3.9Charts: Public and Subsidized Housing Basics1
|
Public Housing |
Section 202 (Elderly) Section 811 (Disabled) |
Rural Housing |
LIHTC Low Income Housing Tax Credit |
---|---|---|---|---|
Owner |
Public Housing Agency (PHA) |
Private |
Private |
Private |
Oversight |
HUD US Dept of Housing & Urban Development |
HUD |
USDA US Dept of Agriculture RD/RHS Rural Development/ |
MSHDA/IRS MI State Housing Development Authority/ Internal Revenue Service |
Tenant Rent |
Higher of 30% of adjusted income or 10% of gross income minus a utility allowance if owner does not provide utilities, subject to minimum rents (up to $50, but hardship exemption), and in Public Housing, flat rents and earned income disregard. |
Base rent, or if Rental Assistance, 30% or 10% |
Up to 30% of 50% or 60% of adjusted monthly income |
|
Statute(s) |
12 USC 1701q (elderly) 42 USC 8013 (disabled) |
|||
Regulation(s)
|
24 CFR 5 (all HUD programs) |
7 CFR 3560.151 et seq. (without §8) 24 CFR 884 (with §8) |
||
Eviction Regulations |
(grievance process: |
(without §8) 24 CFR 5.858+ (with and without §8) (with §8) |
None. See |
|
Handbook/Guidebook (on admission |
Public Housing Occupancy Guidebook (June 2003) |
HUD Handbook 4350.3: Occupancy Requirements of Subsidized Multifamily Housing Programs (May 2003, revised June 2007, revised June 2009) |
USDA MFH Asset Management Handbook HB-2-3560 (Feb 2005, revised Dec 2008) |
MSHDA Compliance Manual, Low Income Housing Tax Credit Program (April 2013)
|
|
Project-Based Section 8 |
New Construction and Substantial Rehabilitation |
Moderate Rehabilitation |
Housing Choice Voucher Program (Tenant-Based Section 8) |
---|---|---|---|---|
Owner |
Private |
Private |
Private |
Private/Public Housing Agency (PHA) |
Oversight |
HUD/MSHDA US Dept of Housing & Urban Development/MI State Housing Development Authority |
HUD/MSHDA |
HUD/MSHDA |
HUD |
Tenant Rent |
Higher of 30% of adjusted income or 10% of gross income minus |
PHA Payment Standard minus 30%/10% adjusted gross income + remainder |
||
Statute(s) |
||||
Regulation(s)
|
(24 CFR 982 applies per 24 CFR 983; see 24 CFR 983.2 for exceptions) (voucher program) |
(New Construction) (Substantial Rehabilitation) |
||
Eviction Regulations |
24 CFR 5.858+ 24 CFR 983.257 |
24 CFR 5.858+ |
24 CFR 5.858+ |
(informal review of termination of assistance: 24 CFR 982.555) |
Handbook/Guidebook (on admission |
HUD Handbook 4350.3: (May 2003, revised June 2007, |
None |
HUD Housing Choice Voucher Guidebook 7420.10G |
1 Charts courtesy of Jim Schaafsma, Attorney, Legal Services of South Central Michigan.