National Housing Law Project Public Housing

Appendix 5

24 C.F.R. § 5.609(c)  (1997).  

 Sec. 5.609  Annual income.
. . .
 (c) Annual income does not include the following:

 (1) Income from employment of children (including foster children) under the age of 18 years;
. . .
 (4) Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member;
. . .
 (6) The full amount of student financial assistance paid directly to the student or to the educational institution;
. . .
 (8)(i) Amounts received under training programs funded by HUD;
. . .
 (iii) Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program;
 (iv) Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, and resident initiatives coordination. No resident may receive more than one such stipend during the same period of time;
 (v) Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program;
. . .
 (11) Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse);
. . .
 (13) For public housing only: (i) The earnings and benefits to any family member resulting from the participation in a program providing employment training and supportive services in accordance with the Family Support Act of 1988, section 22 of the 1937 Act (42 U.S.C. 1437t), or any comparable Federal, State, or local law during the exclusion period.
 (ii) For purposes of this paragraph, the following definitions apply:
  (A) Comparable Federal, State or local law means a program providing employment training and supportive services that--
 (1) Is authorized by a Federal, State or local law;
 (2) Is funded by the Federal, State or local government;
 (3) Is operated or administered by a public agency; and
 (4) Has as its objective to assist participants in acquiring employment skills.
  (B) Exclusion period means the period during which the family member participates in a program described in this section, plus 18 months from the date the family member begins the first job acquired by the family member after completion of such program that is not funded by public housing assistance under the 1937 Act. If the family member is terminated from employment with good cause, the exclusion period shall end.
 (C) Earnings and benefits means the incremental earnings and benefits resulting from a qualifying employment training program or subsequent job;
. . .
 (17) Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 C.F.R 5.609(c) apply. A notice will be published in the Federal Register and distributed to PHAs and housing owners identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary.
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