HUD Handbook 7465.1 § 3-3
QUALIFYING AS A FAMILY (HUD Public Housing Occupancy Handbook 7465.1)
Operative Text
a. POLICY
(1) Only applicants who constitute a family can become
public housing tenants.
(2) The PHA determines whether an applicant is a
family. However, in addition to groups of persons
who would ordinarily constitute a family, such as
a couple with or without children or a parent and
child, the PHA must include persons covered by the
HUD definition.
(3) The HUD definition of family covers elderly
families and certain non-elderly single persons.
(There is a diagram in Appendix 2.)
(4) PHAs may not modify the HUD definitions dealing
with elderly families or non-elderly single
persons.
(5) PHAs may, but are not required to, house more than
one family in a public housing unit (See 6-2,
Shared Housing).
b. DISCUSSION
(1) PHAs should develop a written definition of family
which describes when two or more nonelderly
persons constitute a family.
(2) Child Custody
(a) If an applicant claiming a child as a family
member does not have full custody of the
child, or if the child lives only part of the
time with the applicant, the PHA must make a
determination whether to count the child as
part of the applicant's family. The PHA may
consider custody and the amount of time the
child spends with the applicant in making
this decision.
(b) If the child does not currently reside with
the applicant, the PHA may consider the child
to be part of the applicant's family if there
is evidence that the child would reside with
the applicant if the applicant were admitted
to public housing.
(c) The same child cannot be counted more than
once (i.e., to make two single applicants
each qualify as a "family').
(d) If the child is determined to be part of the
family, the child is a full family member and
has the same status in determining income and
deductions that any other child would have.
(3) Foster Children
(a) Families are permitted to have foster
children live with them in public housing if
the PHA determines that it will not result in
overcrowding.
(b) The PHA may, but is not required to, consider
foster children in determining that a single
applicant constitutes a family. The PHA
would have to be consistent in its
determination.
(4) Care Attendants
(a) When necessary, families may have care
attendants live with them in public housing.
(b) The PHA should consider a person to be a care
attendant only if the person:
o is determined by the PHA to be essential
to the care and well being of a family
member;
o is not obligated to support the family
member; and
o would not be living in the unit except
to provide the supportive services.
(c) A care attendant would not be listed on the
lease and could not become a remaining family
member for continued occupancy purposes. The
income of a care attendant would not be
counted in determining the family's income.
c. REFERENCES
U.S. Housing Act of 1937, Sections 3(a), 3(b)(3)
24 CFR 912.2HUD Handbook 7465.1 REV-2 CHG-2 § 3-3 establishes who qualifies as a "family" for purposes of public housing eligibility. Public Housing Authorities (PHAs) have discretion to define family for most applicant groups, but they must apply HUD's definitions for elderly families and certain non-elderly single persons without modification. The provision also addresses nuanced situations such as shared child custody, foster children, and live-in care attendants, each of which carries specific rules about how those individuals are counted for household composition and income purposes.
Plain English — not legal advice.
Under HUD Handbook 7465.1 REV-2 CHG-2 § 3-3, PHAs operating public housing programs are expected to develop a written family definition that addresses when two or more non-elderly persons constitute a family, while strictly adhering to HUD's definitions for elderly families and non-elderly single persons. When processing applicants with partial or shared custody of children, operators generally document the custody arrangement and the child's actual or anticipated living situation before making a household composition determination, ensuring no child is counted toward more than one applicant's family. For foster children and care attendants, compliant operators apply consistent, documented policies—noting that care attendants are not listed on the lease, are not counted as remaining family members, and have their income excluded from household income calculations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 3-3 of HUD Handbook 7465.1 REV-2 CHG-2 gives applicants for public housing the right to have their household composition evaluated under both the PHA's local definition and HUD's mandatory definitions, which cover elderly families and certain non-elderly single persons. Applicants with children in shared or partial custody arrangements, foster children, or household members who serve as care attendants may have those individuals counted—or excluded—from their family composition based on specific criteria the PHA must apply consistently. Tenants or applicants who believe a PHA has misapplied these definitions may raise the issue with the local PHA's grievance process, contact the nearest U.S. Department of Housing and Urban Development field office, or reach out to a tenant-rights organization for general guidance.
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 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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