HUD Handbook 4350.3 § 3-16
Determining the Eligibility of a Remaining Member of a Tenant Family (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
A. Periodically, family composition changes after initial occupancy. If the qualifying
person leaves the unit, a determination must be made as to whether the
remaining member of the household will be eligible to receive assistance.
Eligibility depends upon the type of project occupied and other issues.
B. The following basic requirements for eligibility must be met for a person to qualify
as a remaining member of a household:
1. The individual must be a party to the lease when the family member
leaves the unit.
2. The individual must be of legal contract age under state law.
3. The remaining family member is defined in Section 202 and Section 811
regulations as the surviving member or members of an elderly family or
family with disabilities that was a party to the lease and living in the
assisted unit with the now deceased member of the family at the time of
his or her death.
a. The remaining family member, based on the death of the family
member, is eligible to remain in the unit but must pay rent based
on income. In this case, eligibility of the remaining family member,
as defined by the death of the family member, is not reviewed.
b. If the individual who establishes eligibility for the project leaves the
unit for any reason other than death in a Section 202/8, Section
202 PAC, Section 202 PRAC or Section 811 PRAC project, the
owner must determine if the individual(s) still residing in the unit
meet the eligibility requirements for the project, income and age or
disability. If the individual is not eligible for the project, he/she
may not receive rental assistance and depending upon the type of
project, he or she may or may not be allowed to remain in the unit.
In a 202/8 or a Section 202 PAC project, the individual may
remain in the unit but must pay contract rent. In a Section 202
PRAC or 811 PRAC project, the individual may not remain in the
unit.
4. See Figures 3-5 and 3-6 for definitions used in determining project
eligibility.HUD Handbook 4350.3 REV-1 CHG-4 § 3-16 addresses what happens to remaining household members when the person who originally established a family's eligibility for federally assisted housing leaves the unit. Whether those remaining individuals can continue receiving rental assistance—or even stay in the unit at all—depends on the type of HUD-assisted project involved, the reason the qualifying person left, and whether the remaining members independently meet the project's eligibility criteria for income, age, or disability. In cases involving the death of the qualifying family member in Section 202 or Section 811 projects, surviving household members who were on the lease may remain and pay income-based rent, while departures for other reasons trigger a full eligibility review that can result in loss of assistance or even loss of the right to occupy the unit.
Plain English — not legal advice.
Under HUD Handbook 4350.3 REV-1 CHG-4 § 3-16, property owners and managers of HUD-assisted properties are responsible for conducting eligibility determinations whenever the qualifying household member vacates a unit. Compliant operators document whether remaining members were parties to the lease, verify that they meet legal contract age requirements under state law, and assess whether they independently satisfy the project's income, age, or disability standards. In Section 202 PRAC and 811 PRAC projects, owners must be especially attentive, as remaining members who do not meet eligibility requirements generally cannot remain in the unit, whereas in Section 202/8 and Section 202 PAC projects, ineligible remaining members may stay but must pay full contract rent.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HUD Handbook 4350.3 REV-1 CHG-4 § 3-16 establishes that remaining household members have defined rights when the person who originally qualified the family for assistance leaves an assisted unit. Being named on the lease at the time of that departure is a foundational requirement for any continued eligibility, and the outcome of a remaining-member determination varies significantly by project type—particularly for Section 202 and Section 811 properties. Tenants who receive a determination that affects their assistance or right to remain may wish to review the specific project type that applies to their building, request documentation of the owner's determination process, and consult a local tenant-rights organization or HUD-approved housing counselor for guidance on available options under § 3-16.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 25, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.