HUD Handbook 4350.3 § 5-30
Determining Tenant Contribution at Properties with Multiple Forms of (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 § 5-30
Subsidy
A. At many multifamily properties different kinds of subsidies have been combined.
For many years, tenant-based Section 8 subsidies have been added to
properties built with Section 202 loans or financed with Section 236 and Section
221(d)(3) mortgage subsidies. Recently, the Low Income Housing Tax Credit
program has been combined with a wide range of programs, from Section 202
projects with Section 8 already in place (Section 202/8) to housing choice
voucher assistance.
B. Although each of the programs combined within one property may have a
different formula for determining tenant payments, it is generally possible to
determine the correct rent for a family by identifying the available program for
which that family is eligible that will provide the best option—or the lowest rent—
for the tenant. The one exception to this can be at the recertification of a Section
8 or Rent Supplement family in a property with Low Income Housing Tax Credits.
If the family’s income has increased since move-in to a point that the assisted
rent exceeds the Low Income Housing Tax Credit rent, that family will have to
make a choice between the lower tax credit rent and the security of continuing on
the rental assistance program.
C. The tenant rent at properties assisted under more than one program is generally
the lowest rent available for which the tenant is eligible.
1. Section 202/Section 8. In a Section 202 property with Section 8 tenant-
based assistance, a tenant eligible for Section 8 will pay the tenant rent
based on the Section 8 rent formula. If that tenant’s income increases to
the point that its TTP equals or exceeds the Section 8 contract rent, the
family would no longer be eligible for the tenant based assistance.
2. Section 236/Section 8. A family with a Section 8 subsidy in a Section 236
property will pay the Section 8 tenant rent unless, at recertification, the
family’s TTP equals or exceeds the Section 8 contract rent. Thereafter,
the family will pay the tenant rent based on the Section 236 rent formula.
A family living in a Section 236 property receiving Rent Supplement
assistance would also stop receiving Rent Supplement assistance at the
point the family’s TTP increased to the level of the rent supplement
contract rent. Thereafter the family will pay the tenant rent based on the
Section 236 rent formula.
3. Section 221(d)(3) BMIR with Section 8. A family receiving Section 8
assistance at a BMIR project would continue to pay the tenant rent based
on the Section 8 rent formula until the TTP equaled or exceeded the
BMIR rent. Thereafter, the family would pay rent based on the BMIR rent
formula.
D. In some instances, a tenant will not be eligible for the program offering the lowest
rent, or a subsidy under that program will not be available for every unit or every
tenant.
Sometimes, Section 8 subsidies are not available for the unit size the family
needs, and the family must wait for a subsidy for the appropriate unit size. The
owner’s contract with HUD for the Section 8 assistance allocates Section 8
funding by unit size, and the owner is required to subsidize families based on the
unit sizes allocated. If the owner was allocated 10 two-bedroom subsidies and
has assigned those subsidies to 10 two-bedroom families, the owner cannot use
an available three-bedroom subsidy to assist an 11th two-bedroom family. If the
owner has determined that the bedroom distribution in its contract does not
match the need in the project, the owner can ask HUD for a contract amendment
to revise the unit size designations of the subsidy awarded.
E. In some instances, a family will not be eligible for a lower rent program available
at the property.
For example, a family in a BMIR project with Section 8 may be financially
stretched when paying the BMIR rent but may not be income-eligible for the
lower-rent Section 8 program.Source: Legislative text reproduced verbatim
Effective Timeline
Current
Sep 24, 2026
Click on timeline segments to view historical versions.
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.
Related Rules
§ 888.113
§ 888.113 Fair market rents for existing housing: Methodology.
§ 888.115
§ 888.115 Fair market rents for existing housing: Manner of publication.
§ 5.512
§ 5.512 Verification of eligible immigration status.