TN 41 (03-91)

Citations:

41 U.S.C. 1382 note;

20 CFR 416.1124(b)

A. Introduction

The Federal Government through the Office of Housing and Urban Development (HUD) and the U.S. Department of Agriculture's Rural Housing Service (RHS), formerly called the Farmers Home Administration, provides many forms of housing assistance including:

• Subsidized housing (e.g., public housing, reduced rent, cash towards utilities, etc.);

• loans for renovations;

• loans for construction, improvement, or replacement of farm homes and other buildings;

• mortgage or investment insurance;

• guaranteed loans and mortgages.

This assistance may be provided directly by the Federal Government or through other entities such as local housing authorities, nonprofit organizations, etc.

B. Policy

1. Exclusion

The value of any assistance paid with respect to a dwelling unit is excluded from income and resources if paid under:

• the United States Housing Act of 1937 (section 1437 et seq. of 42 U.S.C.)

• the National Housing Act (section 1701 et seq. of 12 U.S.C.)

• section 101 of the Housing and Urban Development Act of 1965 (section 1701s of 12 U.S.C., section 1451 of 42 U.S.C.);

• title V of the Housing Act of 1949 (section 1471 et seq. of 42 U.S.C.); or

• section 202(h) of the Housing Act of 1959.

C. Procedure

1. Assumption

Assume that any housing assistance in which HUD or RHS is involved is subject to the exclusion in SI 00830.630B.

NOTE: “Section 8” housing is HUD housing assistance.

2. Allegation Acceptable

Accept an individual's allegation about receipt of housing assistance with HUD or RHS involvement. Record the allegation in file and exclude the assistance without further development unless you have reason to question the allegation.

3. HUD or RHS Involvement Unknown

If an individual alleges receipt of housing assistance and it is not known whether HUD or RHS is involved, use documents in the individual's possession, contact with the appropriate housing authority, or a precedent (see Note below) to verify whether HUD or RHS is involved.

NOTE: A precedent may be used to establish HUD or RHS involvement when it has been verified that a project provides only  HUD or RHS assistance.

4. State, Local or Indian Assistance

In some cases, States, Indian tribes, or local housing authorities may control public housing and provide assistance without Federal involvement. See the instructions listed below for pertinent instructions for this and other non-Federal housing assistance.

D. References

Assistance programs with governmental involvement — general, SI 00830.165

Presumed maximum value, SI 00835.300 ff.

Home energy assistance and support and maintenance assistance, SI 00830.605