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For purposes of determining financial eligibility and rent and utilities payment amounts for families receiving Section 8 rental assistance, your Public Housing Agency (PHA) must know if you are "married" and living with your spouse.
HUD does not, however, provide a definition for "Married." Unless your PHA determines otherwise, you should consider yourself married if you are legally married according to State law, or if you and your spouse hold yourselves out to the community as being married.
If you live with a "partner," then it matters if your PHA considers you to be married in the following ways:
· Student Earnings Income Exclusion: Earnings over $480 of full time students are excluded when determining your family's gross non-excluded income (and thus your Section 8 financial eligibility and rent and utilities payment amounts) except if the student is the head of household or the spouse of the head of household.
This means that if you are the head of household and your "partner" is a student with earnings of more than $480 per year, your family will probably have to pay less rent if your PHA does not consider you married.
· Income Deductions: When determining your Adjusted Monthly Income (and thus your rent payment amount) your PHA deducts $400, and unreimbursed medical, attendant care, and auxiliary apparatus expenses above 3% of your gross non-excluded income if your family is considered elderly or disabled.
This means that if your "partner" is the head of household, does not have a disability, and is not at least 62 year old, then your family will probably have to pay less rent if your PHA considers you married (assuming that you have a disability).
Adjusted Monthly Income and Income Deductions
Financial Eligibility for Section 8 Assistance
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