24 C.F.R. § 887.109
§ 887.109 Housing assistance and total tenant payments and increases in family income. (24 CFR Part 887)
Operative Text
(a) Housing assistance payment. The housing assistance payment for an eligible family participating in the FSS program under this part is determined in accordance with the regulations set forth in § 5.661(e) of this title. (b) Total tenant payment. The total tenant payment for an FSS family participating in the FSS program is determined in accordance with § 5.628 of this title. (c) Increases in FSS family income. Any increase in the earned income of an FSS family during its participation in an FSS program may not be considered as income or an asset for purposes of eligibility of the FSS family for other benefits, or amount of benefits payable to the FSS family, under any other program administered by HUD.
Under 24 CFR Part 887 § 887.109, the housing assistance payment and total tenant payment for families participating in the Family Self-Sufficiency (FSS) program are each calculated according to separate, cross-referenced federal formulas. Importantly, any rise in earned income that an FSS family experiences while enrolled in the program cannot be counted as income or an asset when determining that family's eligibility for—or benefit amounts under—other HUD-administered programs. This provision effectively shields FSS participants from losing access to other HUD benefits simply because their earnings grow during program participation.
Plain English — not legal advice.
Property owners and managers working with FSS participants under 24 CFR Part 887 § 887.109 generally ensure that housing assistance payments and total tenant payments are calculated by referencing the applicable cross-cited federal regulations (§ 5.661(e) and § 5.628). Compliant operators are careful not to apply increases in an FSS family's earned income as a disqualifying factor or a basis for reducing benefits under other HUD programs they administer. Maintaining accurate records of FSS participation status helps operators correctly apply the income-exclusion rule when processing benefit determinations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 887 § 887.109, FSS program participants have a right to have increases in their earned income excluded when HUD determines eligibility or benefit levels for other HUD-administered programs, meaning earning more during FSS enrollment should not reduce those other benefits. If a tenant believes this protection has not been applied correctly—for example, if a benefit was reduced based on FSS-related income growth—they may raise this provision as a basis for challenging that determination through the relevant program's grievance or appeals process. Tenant-rights organizations and HUD's local field offices can be useful resources for understanding how this income-exclusion rule applies in practice.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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