C.F.R. » Title 24 » PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS › Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance

24 C.F.R. § 5.628

Total tenant payment

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(a) Determining total tenant payment (TTP). Total tenant payment is the highest of the following amounts, rounded to the nearest dollar:

(1) 30 percent of the family's monthly adjusted income;

(2) 10 percent of the family's monthly income;

(3) If the family is receiving payments for welfare assistance from a public agency and a part of those payments, adjusted in accordance with the family's actual housing costs, is specifically designated by such agency to meet the family's housing costs, the portion of those payments which is so designated;

(4) The minimum rent, as determined in accordance with § 5.630; or

(5) For public housing only, the alternative non-public housing rent, as determined in accordance with § 960.102 of this title.

(b) Determining TTP if family's welfare assistance is ratably reduced. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under paragraph (a)(3) of this section is the amount resulting from one application of the percentage.

[65 FR 16718, Mar. 29, 2000, as amended at 88 FR 9661, Feb. 14, 2023]
Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 2003–2025 · leading case: Dorothy Binns v. The City of Marietta Georgia, 704 F. App'x 797 (11th Cir. 2017).
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Dorothy Binns v. The City of Marietta Georgia, 704 F. App'x 797 (11th Cir. 2017). “24 C.F.R. § 5.628 (a). A recipient’s “total tenant payment” is the greater of: 30% of her monthly adjusted income, 10% of monthly gross income, or the “minimum rent,” which in Marietta is $50.”
Martinez v. Lexington Gardens Assocs., Dennis Ovalle, L.A. Equities Corp., 336 F. Supp. 3d 270 (S.D. Ill. 2018). “See 24 C.F.R. § 5.628 ; see also Salute v. Stratford Greens Garden Apartments , 136 F.”
5th Bedford Pines Apts., Ltd. v. Brandon, 262 F. Supp. 2d 1369 (N.D. Ga. 2003). “See 24 C.F.R. §§ 5.628 , 5.624 (describing calculation of tenant rent).”
Haywood v. Chicago Hous. Auth., 212 F. Supp. 3d 735 (N.D. Ill. 2016). · cites it 3× “One regulation, 24 C.F.R. § 5.628 , defines “total tenant payment” as “the highest of the following amounts”: (1) 30 percent of the family’s monthly adjusted income; (2) 10 percent of the family’s monthly income; (3) If the family is receiving payments for welfare assistance…”
Albert Fields, Jr. v. City of Salem Hous. Authorit, 710 F. App'x 567 (3rd Cir. 2017). “00 and also required him to furnish accurate information to management on an annual basis for a redetermination of rent.”
Taylor v. Subsidized Props. I, L.P. (D.R.I. 2022). “24 C.F.R. §§ 5.628 , 5.630 (2022). Under a hardship exemption, her rent can be further reduced to zero.”
Hare v. David S. Brown Enter. (Md. 2025). “See 24 C.F.R. § 5.628 (a) (stating that the total tenant payment is the higher of 30% of monthly adjusted income, 10% of monthly income, the amount of welfare assistance payments specifically designated for housing costs, or a minimum amount of rent set by the local public…”
Hook & Ladder Apts., L.P., Respondent, vs. Nichole Nalewaja, Appellant, John Doe, et. al., Defendants (Minn. 2025). “24 C.F.R. § 5.628 (b). In these cases, the public housing agency pays the entire amount due to the landlord.”
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