C.F.R. » Title 24 » CHAPTER IX—OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › PART 982—SECTION 8 TENANT-BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM › Subpart I—Dwelling Unit: Housing Quality Standards, Subsidy Standards, Inspection and Maintenance

24 C.F.R. § 982.402

Subsidy standards

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(a) Purpose. (1) The PHA must establish subsidy standards that determine the number of bedrooms needed for families of different sizes and compositions.

(2) For each family, the PHA determines the appropriate number of bedrooms under the PHA subsidy standards (family unit size).

(3) The family unit size number is entered on the voucher issued to the family. The PHA issues the family a voucher for the family unit size when a family is selected for participation in the program.

(b) Determining family unit size. The following requirements apply when the PHA determines family unit size under the PHA subsidy standards:

(1) The subsidy standards must provide for the smallest number of bedrooms needed to house a family without overcrowding.

(2) The subsidy standards must be consistent with space requirements under the HQS (See § 982.401).

(3) The subsidy standards must be applied consistently for all families of like size and composition.

(4) A child who is temporarily away from the home because of placement in foster care is considered a member of the family in determining the family unit size.

(5) A family that consists of a pregnant woman (with no other persons) must be treated as a two-person family.

(6) Any live-in aide (approved by the PHA to reside in the unit to care for a family member who is disabled or is at least 50 years of age) must be counted in determining the family unit size;

(7) Unless a live-in-aide resides with the family, the family unit size for any family consisting of a single person must be either a zero or one-bedroom unit, as determined under the PHA subsidy standards.

(8) In determining family unit size for a particular family, the PHA may grant an exception to its established subsidy standards if the PHA determines that the exception is justified by the age, sex, health, handicap, or relationship of family members or other personal circumstances. (For a single person other than a disabled or elderly person or remaining family member, such PHA exception may not override the limitation in paragraph (b)(7) of this section.)

(c) Effect of family unit size-maximum subsidy in voucher program. The family unit size as determined for a family under the PHA subsidy standard is used to determine the maximum rent subsidy for a family assisted in the voucher program. For a voucher tenancy, the PHA establishes payment standards by number of bedrooms. The payment standard for a family shall be the lower of:

(1) The payment standard amount for the family unit size; or

(2) The payment standard amount for the unit size of the unit rented by the family.

(3) Voucher program. For a voucher tenancy, the PHA establishes payment standards by number of bedrooms. The payment standards for the family must be the lower of:

(i) The payment standards for the family unit size; or

(ii) The payment standard for the unit size rented by the family.

(d) Size of unit occupied by family. (1) The family may lease an otherwise acceptable dwelling unit with fewer bedrooms than the family unit size. However, the dwelling unit must meet the applicable HQS space requirements.

(2) The family may lease an otherwise acceptable dwelling unit with more bedrooms than the family unit size. However, utility allowances must follow § 982.517(d).

[60 FR 34695, July 3, 1995, as amended at 63 FR 23861, Apr. 30, 1998; 64 FR 26646, May 14, 1999; 81 FR 12375, Mar. 8, 2016; 88 FR 30503, May 11, 2023; 89 FR 38296, May 7, 2024; 89 FR 46020, May 28, 2024]
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2006–2024 · leading case: Hardaway v. District of Columbia Housing Authority
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Hardaway v. District of Columbia Housing Authority (2016) cadc · cites it 2× “Indeed, as amicus points out, by permitting Angelene to keep a two-bedroom voucher after denying her live-in aide request (and without granting an official exception based on Angelene’s handicap, see 24 C.F.R. § 982.402 (b)(8)), the Authority appears to be violating HUD…”
Jones v. Park Front Apartments, LLC (2010) nyappdiv · cites it 2× “Although plaintiffs Section 8 housing voucher indicates a “family unit size” (see 24 CFR 982.402 [c]) that qualifies her to receive a housing subsidy for a studio apartment, it is undisputed that the subsidy benefits to which she is entitled exceed the amount of the rent for her…”
Campbell v. Robb (2006) ca6 “” 24 C.F.R. § 982.402 (b)(7) (2005). Because Campbell was the only person listed on her application, she was assigned a family unit size of one bedroom.”
Jeffreys v. Carson (2022) rid · cites it 2× “2 24 C.F.R. 982.402(a)(1). Eligibility must be re-asserted and shown each year.”
(PS) Burton v. Darby (2024) caed “1 24 C.F.R. § 982.402 (a) provides as follows: 2 (1) The PHA [Public Housing Agency] must establish subsidy standards that determine the number of bedrooms needed for 3 families of different sizes and compositions.”
Florentino v. Nokit Realty Corp. (2010) nysupct “Moreover, the federal regulations indicate that the voucher may be applied to plaintiffs two-bedroom apartment (see 24 CFR 982.402 [d] [2] [‘‘The family may lease an otherwise acceptable dwelling unit with more bedrooms than the family unit size”]).”
— 24 C.F.R. § 982.402(a)(1) — 1 case
Jeffreys v. Carson (2022) rid “2 24 C.F.R. 982.402(a)(1). Eligibility must be re-asserted and shown each year.”
— 24 C.F.R. § 982.402(b)(6) — 1 case
Jeffreys v. Carson (2022) rid “2 24 C.F.R. 982.402(a)(1). Eligibility must be re-asserted and shown each year.”
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