HUD HCV Guidebook § 4

The PHA must18 establish subsidy standards that determine the number of bedrooms needed for families of
different sizes and composition. PHAs must19 determine the appropriate family unit size (i.e., number of
bedrooms for which the family qualifies under the PHA’s occupancy standards). Family unit size is entered on
the voucher issued to the family.20
The following requirements21 apply when determining the family unit size:
     •    The subsidy standards must provide for the smallest number of bedrooms needed to house a family
          without overcrowding;
     •    The subsidy standards must22 be consistent with space requirements under the housing quality
          standards (HQS);
     •    The subsidy standards must be applied consistently for all families of like size and composition;
     •    A child who is temporarily away from the home because of placement in foster care is considered a
          member of the family in determining the family’s unit size;
     •    A family that consists of a pregnant woman only, and no other persons, must be treated as a two-
          person family in determining the family’s unit size; and
     •    Any live-in aide (approved by the PHA to reside in the unit to care for a family member who is disabled
          or is at least 50 years of age) must be counted in determining the family unit size. Although a live-in
          aide may have PHA-approved family members live with him or her in the assisted unit, no additional
          bedrooms may be provided for the family members of the live-in aide.23 The PHA must24 ensure that
          approval of the live-in aide’s family will not violate HQS.
A subsidy standard of one bedroom for every two persons is acceptable and may be adopted as a cost-cutting
measure.25 Alternatively, a PHA’s subsidy standards could call for separate or additional bedrooms based
upon:
     •    The age, sex, or relationship of household members;
     •    Disability-related or health needs, including reasonable accommodations; and
     •    Other personal circumstances.

Changes in Family Composition
Families are not required to move from an assisted unit when there is a change in family composition that
results in the number of bedrooms in the unit exceeding the number of bedrooms for which the family is
eligible. Instead, the PHA would reduce the subsidy standard to conform with the PHA’s policies and also

18
   24 CFR 982.402(a)(1)
19
   24 CFR 982.402(a)(2)
20
   24 CFR 982.402(a)(3)
21
   24 CFR 982.402(b)
22
   24 CFR 5.703(d)(5)
23
   PIH Notice 2014-25 Over Subsidization in the Housing Choice Voucher Program
24
   24 CFR 982.402(d)(1)
25
   PIH Notice 2011-28: Cost-Savings Measures in the Housing Choice Voucher (HCV) Program, pg. 5

reduce the payment standard in accordance with the PHA’s policy, which may26 be immediately or no later than
the family’s first regular reexamination following the change in family composition.

PIC or Successor System Data Entry
PHAs are expected to ensure that data on the Form HUD-50058, Family Report is correct when entered in
Inventory Management System/Public and Indian Housing Information Center (IMS/PIC) or its successor
system. Whenever there is a change in the subsidy standard and corresponding payment standard for which
the family is eligible, lines 12a and 12j of the Family Report must be adjusted accordingly. All live-in aides and,
if applicable, their family members, must be entered on the report and coded L (live-in aide) in Section 3h.

Live-in Aides
Unless a live-in aide resides with the family, the family unit size for any family consisting of a single person
must27 be either a zero or one-bedroom unit, as determined under the PHA’s subsidy standards. The definition
of a live-in aide is recorded in 24 CFR § 5.403, which states that a live-in aide is a person who resides with one
or more elderly persons, near-elderly persons or persons with disabilities and who is: (1) determined to be
essential to the care and well-being of the persons; (2) is not obligated for the support of the persons; and (3)
would not be living in the unit except to provide the necessary supportive services. It should be noted that the
definition applies to a specific person (i.e., identified live-in aide). In accordance with this definition, a live-in
aide is not considered a member of the assisted family and is not entitled to the HCV as the remaining member
of the tenant family.

The PHA must28 approve a live-in aide if needed as a reasonable accommodation in accordance with 24 CFR
part 8 to make the program accessible to and usable by a family member with a disability. The PHA may29
disapprove a particular person as a live-in aide if s/he has: (1) committed fraud, bribery, or any other corrupt or
criminal act in connection with any Federal housing program; (2) committed drug-related criminal activity or
violent criminal activity; or (3) currently owes rent or other amounts to the PHA or to another PHA in connection
with Section 8 or public housing assistance under the 1937 Act.

PHAs may not approve an unidentified live-in aide nor a larger unit than the family qualifies for under the PHA’s
subsidy standards for an unidentified live-in aide. Occasional, intermittent, multiple or rotating caregivers
typically do not reside in the unit and would not qualify as live-in aides. Therefore, an additional bedroom must
not30 be approved for a live-in aide under these circumstances.

A PHA may only approve one additional bedroom for a live-in aide. Although a live-in aide may have PHA-
approved family member/s live with him/her in the assisted unit, no additional bedrooms will be provided for
the family members of the live-in aide. The PHA must ensure that housing quality standards (HQS) will not be
violated and that there will be no more than two people per bedroom or living/sleeping room in the unit in
accordance with 24 CFR § 5.703(d)(5). If the approval of additional family members of a live-in aide would
result in the violation of HQS, the additional family members of the live-in aide may not be approved.

26
   24 CFR 982.505(c)(6)
27
   24 CFR 982.402(b)(7)
28
   24 CFR 982.316
29
   24 CFR 982.316(b)
30
   PIH Notice 2014-25, Over Subsidization in the Housing Choice Voucher Program

Medical Equipment
Although PHAs may approve an additional bedroom for medical equipment if the need is documented by a
health care provider, the actual equipment in the extra bedroom should be verified by the PHA during the
annual inspection of the unit. If the extra bedroom is not being used for the intended purpose, the PHA must31
reduce the subsidy standard and corresponding payment standard at the family’s next annual recertification.

Reasonable Accommodations
A family may always request a reasonable accommodation to program rules, policies, practices, or services,
including to the live-in aide policy to permit program participation by individuals with disabilities. A family’s
composition or circumstances may warrant the provision of an additional bedroom to permit disability-related
overnight care and allow the family equal use and enjoyment of the unit. Such limited exceptions to the
established subsidy standards are permitted under 24 CFR § 982.402(b)(8) and in accordance with any
published PIH notices.

The PHA must consider requests for an exception to the established subsidy standards on a case-by-case basis
and provide an exception, where necessary, as a reasonable accommodation. A reasonable accommodation
request may only be denied if it is not necessary or if it imposes an undue financial and administrative burden
on the housing provider or fundamentally alter the nature of the provider’s operations. The PHA shall
document the justification for all granted exceptions to the PHA’s established subsidy standards.