HUD HCV Guidebook § 5

Students at institutions of higher education who will not reside with their parents must24 meet additional
eligibility criteria. These rules apply regardless of whether the student is considered a full-time or a part-time
student.
Assistance shall only be provided to students who are otherwise eligible for the program and meet at least one
of the following criteria. The student:
     • Is 24 years of age or older;
     • Is a veteran;
     • Is married;
     • Has a dependent child;
     • Is a person with disabilities (as defined in Section 3 of this Chapter) who was receiving HCV assistance
          as of November 30, 2005; or
     • Is a graduate or professional student; or
     • Is individually income eligible and the student’s parents are individually or jointly income eligible; or
     • Is an independent student, defined as:
               a) The individual is 24 years of age or older by December 31 of the award year;

21
   24 CFR § 982.201(d)
22
   24 CFR § 982.201(b)(4)
23
   24 CFR § 982.201(d)(2)
24
   24 CFR § 5.612; Eligibility of Independent Students for Assisted Housing Under Section 8 of the U.S. Housing
Act of 1937; Supplementary Guidance (71 FR 18145, April 10, 2006); Eligibility of Independent Students for
Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Additional Supplementary Guidance (FR 5969-
N-01, September 21, 2016)

b) The individual is an orphan, in foster care, or a ward of the court or was an orphan, in foster
               care or a ward of the court at any time when the individual was 13 years of age or older;
            c) The individual is, or was immediately prior to attaining the age of majority, an emancipated
               minor or in legal guardianship as determined by a court of competent jurisdiction in the
               individual's state of legal residence.
    • Or, is classified as a Vulnerable Youth. A student meets HUD's definition of Vulnerable Youth when the
       individual has been verified during the school year in which the application is submitted as either an
       “unaccompanied youth” who also falls within the definition of “homeless children and youths” (as
       such terms are defined in Section 725 of the McKinney-Vento Homeless Assistance Act), or as
       unaccompanied youth (as defined in Section 725 of the McKinney-Vento Homeless Assistance Act),
       who are at risk of homelessness and self-supporting, by:
            a) A local educational agency homeless liaison, designated pursuant to the McKinney-Vento
               Homeless Assistance Act;
            b) The director of a program funded under the Runaway and Homeless Youth Act or designee of
               the director;
            c) The director of a program funded under subtitle B of title IV of the McKinney-Vento Homeless
               Assistance Act or a designee of the director or
            d) A financial aid administrator.
    • Or, the individual is a student for whom a financial aid administrator makes a documented
       determination of independence by reason of other unusual circumstances.
For purposes of the student eligibility restrictions, the term “parents” means the biological or adoptive
parents, or guardians (e.g., stepparents, grandparents, aunt/uncle, godparents, etc.), or such other definition
as may be adopted in the PHA’s administrative plan.