HUD HCV Guidebook § 3.5

For mixed families that include both members who are citizens or have eligible immigration status
and members who do not have eligible immigration status (or elect not to state that they have
eligible status), assistance is prorated based on the number of household members who are citizens
or eligible immigrants in relation to the total number of members in the family.26 See the Eligibility
and Denial of Assistance chapter for a discussion of citizenship status.

24
   24 CFR 982.514(b)
25
   PIH Notice 2016-05
26
   24 CFR 5.508

Calculations of total annual income, adjusted income and TTP are identical for mixed families,
including those who do not have eligible immigration status or do not contend eligible status.

In order to calculate the prorated HAP and the resulting family share, the PHA must27 follow these
steps:
             1. Determine gross rent (rent to owner plus utilities) for the unit;
             2. Determine the HAP amount, taking into consideration the income of all family
                members;
             3. Determine the proration factor by dividing the number of eligible family members
                (citizens and those with eligible immigration status) by the total number of members
                in the family;
             4. Multiply the HAP amount calculated in Step 2 by the proration factor calculated in
                Step 3 to determine the prorated HAP; and
             5. Subtract the prorated HAP (Step 4) from gross rent (Step 1) to determine the family
                share.
Example 13 shows a sample utility reimbursement calculation for when the tenant pays some of the
utilities.
                       Example 13: Calculating Prorated HAP and
                       Family Share
                       Gross rent                               $550
                       Payment standard                         $600
                       TTP based on all household income        $250
                       Family size                              4
                       Number of ineligible noncitizens         1
                                         HAP is the lower of
                          Payment standard ($600) minus TTP ($250) or
                               Gross rent ($550) minus TTP ($250)
                                   HAP is $300, before proration
                                         3 eligible family members of 4
                       Proration factor
                                         members = ¾ or .75
                                         HAP before proration ($300) 300 x
                        Prorated HAP
                                         proration factor (.75) = $225
                                         Gross rent ($550) – Prorated HAP
                        Family share
                                         ($225) = $325

There is no exception to the statutory maximum initial rent burden (described in Section 2.3 -
Maximum Rent Burden at Initial Occupancy) for mixed families. Accordingly, the PHA will not approve
a unit for which family share would exceed 40 percent of monthly adjusted income.

27
     24 CFR 5.20(c)