Resolutions: ACOP

ACOP February 2023

Date Posted September 28, 2023
Effective Date November 1, 2023

6-11LB. Financial Hardships Affecting Minimum Rent [24 CFR 5.630]

• WHA Policy
• The financial hardship rules described below will apply in this jurisdiction because the WHA has established a minimum rent of $50.

Overview

If the WHA establishes a minimum rent greater than zero, the WHA must grant an exemption from the minimum rent if a family is unable to pay the minimum rent because of financial hardship.

The financial hardship exemption applies only families required to pay the minimum rent. If a family's TTP is higher than the minimum rent, the family is not eligible for a hardship exemption. if the WHA determines that a hardship exists, the TTP is the highest of the remaining components of the family's calculated TTP.

HUD-Defined Financial Hardship

Financial Hardship includes the following situations:

1. The family has lost eligibility for or is awaiting an eligibility determination for a federal, state, or local assistance program. This includes a family member who is a non-citizen lawfully admitted for permanent residence under the Immigration and Nationality Act who would be entitled to public benefits but for Title IV of the Personal Responsibility and Work Opportunity Act of 1996.
   • WHA Policy
     A hardship will be considered to exist only if the loss of eligibility has an impact on the family's ability to pay the minimum rent.
   • For a family waiting for a determination of eligibility, the hardship period will end as of the first of the month following (1) the implementation of assistance, if approved, or (2) the decision to deny assistance. A family whose request for assistance is denied may request a hardship exemption based upon one of the other allowable hardship circumstances.
2. The family would be evicted because it is unable to pay the minimum rent.
   WHA Policy
   • For a family to qualify under this provision, the cause of the potential eviction must be the family's failure to pay rent or tenant-paid utilities.
3. Family income has decreased because of changed family circumstances, including the loss of employment.