Calculation of income.—

Official source

(A) Use of current year income .— In determining family income for initial occupancy or provision of housing assistance pursuant to clause (i) of paragraph (6)(A) or pursuant to reviews pursuant to clause (iii) or (iv) of such paragraph, a public housing agency or owner shall use the income of the family as estimated by the agency or owner for the upcoming year.

(B) Use of prior year income .— In determining family income for annual reviews pursuant to paragraph (6)(A)(ii), a public housing agency or owner shall, except as otherwise provided in this paragraph and paragraph (1), use the income of the family as determined by the agency or owner for the preceding year, taking into consideration any redetermination of income during such prior year pursuant to clause (iii) or (iv) of paragraph (6)(A).

(C) Other income .— In determining the income for any family based on the prior year’s income, with respect to prior year calculations of income not subject to subparagraph (B), a public housing agency or owner may make other adjustments as it considers appropriate to reflect current income.

(D) Safe harbor .— A public housing agency or owner may, to the extent such information is available to the public housing agency or owner, determine the family’s income prior to the application of any deductions based on timely income determinations made for purposes of other means-tested Federal public assistance programs (including the program for block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act [ 42 U.S.C. 601 et seq.], a program for Medicaid assistance under a State plan approved under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.], and the supplemental nutrition assistance program (as such term is defined in section 2012 of title 7 )). The Secretary shall, in consultation with other appropriate Federal agencies, develop electronic procedures to enable public housing agencies and owners to have access to such benefit determinations made by other means-tested Federal programs that the Secretary determines to have comparable reliability. Exchanges of such information shall be subject to the same limitations and tenant protections provided under section 3544 of this title with respect to information obtained under the requirements of section 303(i) of the Social Security Act ( 42 U.S.C. 503(i) ).

(E) Electronic income verification .— The Secretary shall develop a mechanism for disclosing information to a public housing agency for the purpose of verifying the employment and income of individuals and families in accordance with section 453(j)(7)(E) of the Social Security Act ( 42 U.S.C. 653(j)(7)(E) ), and shall ensure public housing agencies have access to information contained in the “Do Not Pay” system established by section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012 ( Public Law 112–248 ; 126 Stat. 2392 ). 1

(F) PHA and owner compliance .— A public housing agency or owner may not be considered to fail to comply with this paragraph or paragraph (6) due solely to any de minimis errors made by the agency or owner in calculating family incomes.

Calculation of income.—

Official source

- name: statutory_net_family_assets_imputed_return_exclusion_threshold kind: parameter dtype: Money unit: USD source: 42 U.S.C. 1437a, excluded amounts, clause (i) metadata: proof: atoms: - path: versions[0].formula kind: amount source: corpus_citation_path: us/statute/42/1437a/b/4/b excerpt: net family assets exceed $50,000 versions: - effective_from: '2024-01-01' formula: '50000'

- name: net_family_assets_exceed_statutory_imputed_return_exclusion_threshold kind: derived entity: Household dtype: Judgment period: Year source: 42 U.S.C. 1437a, excluded amounts, clause (i) metadata: proof: atoms: - path: versions[0].formula kind: formula source: corpus_citation_path: us/statute/42/1437a/b/4/b excerpt: except to the extent that net family assets exceed $50,000 - path: versions[0].formula kind: import import: target: us:statutes/42/1437a#statutory_net_family_assets_imputed_return_exclusion_threshold output: statutory_net_family_assets_imputed_return_exclusion_threshold hash: sha256:local versions: - effective_from: '2024-01-01' formula: net_family_assets > statutory_net_family_assets_imputed_return_exclusion_threshold

- name: imputed_return_on_assets_excluded_from_income kind: derived entity: Household dtype: Money period: Year unit: USD source: 42 U.S.C. 1437a, excluded amounts, clause (i) metadata: proof: atoms: - path: versions[0].formula kind: formula source: corpus_citation_path: us/statute/42/1437a/b/4/b excerpt: >- any imputed return on assets, except to the extent that net family assets exceed $50,000 - path: versions[0].formula kind: import import: target: us:statutes/42/1437a#statutory_net_family_assets_imputed_return_exclusion_threshold output: statutory_net_family_assets_imputed_return_exclusion_threshold hash: sha256:local versions: - effective_from: '2024-01-01' formula: >- if net_family_assets > statutory_net_family_assets_imputed_return_exclusion_threshold: max(0, imputed_return_on_assets * statutory_net_family_assets_imputed_return_exclusion_threshold / net_family_assets) else: max(0, imputed_return_on_assets)