HUD Handbook 4350.3 § 3-13
Determining Eligibility of Students for Assistance (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
HUD guidance — not codified law
In Force
Verified 9/24/2026 · Next check 10/1/2026
effective 9/24/2026FederalSection 8 HCVOperative Text
HUD Handbook 4350.3 § 3-13
A. Eligibility of Students for Section 8 Assistance
1. Owners must determine a student’s eligibility for Section 8 assistance at
move-in, annual recertification, initial certification (when an in-place tenant
begins receiving Section 8), and at the time of an interim recertification if
one of the family composition changes reported is that a household
member is enrolled as a student.
2. Section 8 assistance shall not be provided to any individual who:
a. Is enrolled as either a part-time or full-time student at an institution
of higher education for the purpose of obtaining a degree,
certificate, or other program leading to a recognized educational
credential; *and*
b. Is under the age of 24; *and*
c. Is not married; *and*
d. Is not a veteran of the United States Military; *and*
e. Does not have a dependent child; *and*
f. Is not a person with disabilities, as such term is defined in
3(b)(3)(E) of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)(3)(E)) and was not receiving section 8 assistance as of
November 30, 2005. (See Definition E in Figure 3-6); *and*
g. Is not living with his or her parents who are receiving Section 8
assistance; and
h. Is not individually eligible to receive Section 8 assistance *or* has
parents (the parents individually or jointly) who are not income
eligible to receive Section 8 assistance. (See paragraph 3-33 for
verifying parents eligibility.)
*NOTE: Unless the student can demonstrate his or her
independence from parents, the student must be eligible to receive
Section 8 assistance and the parents (individually or jointly) must
be eligible to receive Section 8 assistance in order for the tenant to
receive Section 8 assistance.*
3. For a student to be eligible independent of his or her parents (where the
income of the parents is not relevant), the student must demonstrate the
absence of, or his or her independence from, parents. While owners may
use additional criteria for determining the student’s independence from
parents, owners must use, and the student must meet, at a minimum all
of the following criteria to be eligible for Section 8 assistance. The student
must:
a. Be of legal contract age under state law;
b. Have established a household separate from parents or legal
guardians for at least one year prior to application for occupancy,
or, meet the U.S. Department of Education’s definition of an
independent student. (See the Glossary for definition of
Independent Student);
c. Not be claimed as a dependent by parents or legal guardians
pursuant to IRS regulations; and
d. Obtain a certification of the amount of financial assistance that will
be provided by parents, signed by the individual providing the
support. This certification is required even if no assistance will be
provided.
4. Any financial assistance a student receives (1) under the Higher
Education Act of 1965, (2) from private sources, or (3) from an institution
of higher education that is in excess of amounts received for tuition is
included in annual income, except if the student is over the age of 23 with
dependent children or if the student is living with his or her parents who
are receiving Section 8 assistance. (See Glossary for expanded definition
of Student Financial Assistance.)
5. If an ineligible student is a member of an existing household receiving
Section 8 assistance, the assistance for the household will not be prorated
but will be terminated in accordance with the guidance in paragraph 8-6 A.
NOTE: An owner cannot evict or require an ineligible student to move
from a unit as long as the student is in compliance with the terms of the
lease.
Example:
A household is made up of two students living together and who are currently receiving Section 8
assistance. The household is made up of:
one student who is 22 years old, is head of household, and has a dependent child
another student who is the co-head and who does not meet the eligibility requirements in
paragraph 3-13 A.2.
In order for the household to be eligible for Section 8 assistance, each individual student must
meet the student eligibility requirements.
In this example, the 22-year old student is eligible because he or she has a dependent child.
However, since it has been determined that the other student is ineligible, the household is not
eligible to receive Section 8 assistance, and the assistance for the household must be terminated
in accordance with program guidance. The household’s rent will be increased to the applicable
rent for the unit (contract, basic, market), as long as the ineligible student remains in the unit.
If the ineligible student moves out of the unit, the remaining household members may again be
eligible for Section 8 assistance, if available. If the household composition no longer qualifies the
household for the unit size, the household may be required to move to an appropriate size unit
when one is available, or, with the approval of the owner, the household may move in another
eligible person as a member of the household and remain in their same unit. The owner cannot
evict or require the ineligible student to move, as long as the student is in compliance with the
terms of the lease.
B. Eligibility of Students for Other Assistance Programs
1. This paragraph applies to the Rent Supplement, RAP, Section 221(d)(3)
BMIR, Section 236, Section 202 PAC, Section 202 PRAC or Section 811
PRAC programs.
2. Owners must determine a student’s eligibility for assistance at move-in,
initial or annual recertification, and at the time of an interim recertification
if one of the changes reported is that a household member is enrolled as
a student, at an institution of higher education.
3. The student must meet all of the following criteria to be eligible. The
student must:
a. Be of legal contract age under state law;
b. Have established a household separate from parents or legal
guardians for at least one year prior to application for occupancy,
or
c. Meet the U.S. Department of Education’s definition of an
independent student. (See the Glossary for definition of
Independent Student);
d. Not be claimed as a dependent by parents or legal guardians
pursuant to IRS regulations; and
e. Obtain a certification of the amount of financial assistance that will
be provided by parents, signed by the individual providing the
support. This certification is required even if no assistance will be
provided.
4. The full amount of financial assistance paid directly to the student or to the
educational institution and amounts of scholarships funded under title IV
of the Higher Education Act of 1965, including awards under federal work-
study programs or under the Bureau of Indian Affairs student assistance
programs, are excluded from annual income for the programs listed in 1,
above (see paragraph 5-6 D and Exhibit 5-1.)Source: Legislative text reproduced verbatim
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