HUD Handbook 7465.1 § 3-3

a.      POLICY

            (1)   Only applicants who constitute a family can become
                  public housing tenants.

            (2)   The PHA determines whether an applicant is a
                  family. However, in addition to groups of persons
                  who would ordinarily constitute a family, such as
                  a couple with or without children or a parent and
                  child, the PHA must include persons covered by the
                  HUD definition.

            (3)   The HUD definition of family covers elderly
                  families and certain non-elderly single persons.
                  (There is a diagram in Appendix 2.)

            (4)   PHAs may not modify the HUD definitions dealing
                  with elderly families or non-elderly single
                  persons.

            (5)   PHAs may, but are not required to, house more than
                  one family in a public housing unit (See 6-2,
                  Shared Housing).

    b.      DISCUSSION

            (1)   PHAs should develop a written definition of family
                  which describes when two or more nonelderly
                  persons constitute a family.

       (2)   Child Custody

             (a)   If an applicant claiming a child as a family
                   member does not have full custody of the
                   child, or if the child lives only part of the
                   time with the applicant, the PHA must make a
                   determination whether to count the child as
                   part of the applicant's family. The PHA may
                   consider custody and the amount of time the
                   child spends with the applicant in making
                   this decision.

(b)   If the child does not currently reside with
                   the applicant, the PHA may consider the child
                   to be part of the applicant's family if there
                   is evidence that the child would reside with
                   the applicant if the applicant were admitted
                   to public housing.

             (c)   The same child cannot be counted more than
                   once (i.e., to make two single applicants
                   each qualify as a "family').

             (d)   If the child is determined to be part of the
                   family, the child is a full family member and
                   has the same status in determining income and
                   deductions that any other child would have.

       (3)   Foster Children

             (a)   Families are permitted to have foster
                   children live with them in public housing if
                   the PHA determines that it will not result in
                   overcrowding.

             (b)   The PHA may, but is not required to, consider
                   foster children in determining that a single
                   applicant constitutes a family. The PHA
                   would have to be consistent in its
                   determination.

       (4)   Care Attendants

             (a)   When necessary, families may have care
                   attendants live with them in public housing.

             (b)   The PHA should consider a person to be a care
                   attendant only if the person:

                   o   is determined by the PHA to be essential
                       to the care and well being of a family

                            member;

                      o    is not obligated to support the family
                  member; and

                        o   would not be living in the unit except
                            to provide the supportive services.

                  (c)   A care attendant would not be listed on the
                        lease and could not become a remaining family
                        member for continued occupancy purposes. The
                        income of a care attendant would not be
                        counted in determining the family's income.

c.       REFERENCES

            U.S. Housing Act of 1937, Sections 3(a), 3(b)(3)

            24 CFR 912.2