HUD PIH Notice § 2012-01

Income Exclusion of Kinship, Kin-GAP and Other Guardianship Care Payments (HUD PIH Notices)

HUD guidance — not codified law
In Force
Verified 10/14/2026 · Next check 10/21/2026
effective 10/14/2026FederalAffordable Housing Programs

Operative Text

HUD PIH Notice § 2012-01

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            U.S. Department of Housing and Urban Development
               Office of Public and Indian Housing



Special Attention of:
Notice PIH-2012-1 (HA)
Regional and Field Office Directors of Public
Housing; Section 8 Financial Management Center;          Issued:    January
                                  6, 2012
Public Housing Agencies Administering Housing
Choice Voucher and Public Housing Program;         Expires:   This notice
                                  remains in
Owners/Agents; Resident Management Corporations;   effect until  amended,
                                  revoked,
Resident Councils                                  or superseded

                                             References:
                                             24 CFR 5.609(a)(1) and (c)(2);
                                             Notice PIH 2008-30 and 2008-40

Subject:  Income Exclusion of Kinship, Kin-GAP and Other Guardianship Care
Payments



1. Purpose.  This notice supersedes notices PIH-2008-30 and 2008-40 and
   clarifies the treatment of income received from Kinship Guardian
   Assistance Payments (Kin-GAP), kinship care payments, and other
   guardianship care payments pursuant to 24 CFR § 5.609(c)(2).

2. Applicability.  This notice applies to Public and Indian Housing (PIH)
   rental assistance programs including: Public Housing, Section 8 Moderate
   Rehabilitation, Housing Choice Voucher and Section 8 Project-Based
   Voucher and Certificate Programs.

3. Background.  HUD notices PIH 2008-30 and 2008-40 informed public housing
   authorities (PHAs) that guardianship payments such as California’s
   Kinship Guardian Assistance Payments (Kin-GAP) and kinship care payments
   are similar to traditional foster care payments and are to be excluded
   from determining a family’s annual income pursuant to 24 CFR §
   5.609(c)(2).  Kin-GAP payments are subsidies that go to, or on behalf of,
   children leaving the juvenile court system to live with a relative or
   legal guardian.  Kinship care payments are foster care subsidies that go
   to, or on behalf of, children living with a relative or legal guardian.

4. Exclusion of income. The Department determined that kinship care, Kin-
   GAP, and similar programs funded by states serve as an alternative to
   foster care placements and that the compensation to participating
   relatives or legal guardians is comparable to the compensation to foster
   care parents.  Payments for the care of foster children (including foster
   adults) are exempt from income.  Thus, during annual and/or interim
   reexamination of family income pursuant to 24 CFR § 960.257 for public
   housing and 24 CFR § 982.516 for Section 8 programs, kinship, Kin-GAP and
   similar state guardianship care payments are to be excluded from a
   household’s income under 24 CFR § 5.609(c)(2).

   Moving to Work (MTW) PHAs are given flexibility to include specific types
   of income found under 24 CFR 5.609(c)—with the exception of 24 CFR
   5.609(c)(17)—that are normally excluded from a family’s annual income for
   rent calculation purposes if the activity has been approved by HUD in the
   PHA’s Annual MTW Plan.  In complying with their respective MTW
   agreements, MTW agencies should treat kinship, Kin-GAP and similar state
   guardianship care payments in the same manner that traditional foster
   care payments are treated.  For a summary of HUD’s position on this
   limited exception, see section 5.B. of PIH-2011-45.  MTW PHAs must
   continue to determine the eligibility of families in accordance with the
   provisions of 24 CFR 5.609.

   Please note that you may contact the state’s Department of Health or the
   appropriate social service agency for detailed information regarding
   kinship, Kin-GAP, or other guardianship care payments.

5. Further information.  If you are not sure if income from a state’s
   guardianship care payment would qualify as an income exclusion under 24
   CFR § 5.609(c)(2), you may direct inquiries to your local HUD Field
   Office of Public Housing.  You may also contact the Public Housing
   Management and Occupancy Division, Office of Public Housing and Voucher
   Programs at (202) 708-0744, or the Housing Voucher Management and
   Operations Division at (202) 708-0477.  Persons with hearing or speech
   impairments may access this number via TTY by calling the Federal
   Information Relay Service at (800) 877-8339.






                                              /s/
                                   Sandra B. Henriquez, Assistant Secretary
                 for
                               Public and Indian Housing
-----------------------
      2


Source: Legislative text reproduced verbatim
Plain English

PIH Notice § 2012-01 clarifies that payments made through kinship care, Kin-GAP (Kinship Guardian Assistance Payments), and similar state guardianship care programs must be excluded from a household's annual income when calculating rent under HUD's Public Housing and Section 8 programs. These payments, which support relatives or legal guardians caring for children who would otherwise be in foster care, are treated the same way as traditional foster care payments under 24 CFR § 5.609(c)(2). The rule applies across Public Housing, Housing Choice Voucher, Section 8 Moderate Rehabilitation, and Project-Based Voucher and Certificate Programs. Moving to Work (MTW) agencies operate under a limited exception but are still generally expected to treat these payments consistently with foster care payment rules.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Under PIH Notice § 2012-01, housing operators and public housing agencies (PHAs) administering Public Housing or Section 8 programs are expected to exclude kinship care, Kin-GAP, and similar state guardianship payments from a household's annual income during both annual and interim reexaminations. Compliant operators document these payment types separately and do not count them when calculating a family's rent contribution under 24 CFR § 5.609(c)(2). PHAs uncertain whether a specific state guardianship payment qualifies for exclusion can direct inquiries to their local HUD Field Office of Public Housing or call the Public Housing Management and Occupancy Division at (202) 708-0744.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

PIH Notice § 2012-01 establishes that if a household member receives kinship care, Kin-GAP, or a similar state guardianship care payment, that income generally should not be counted when a PHA calculates the household's rent in Public Housing or Section 8 programs. Tenants who believe such payments have been incorrectly included in their income calculation during a reexamination may raise this as a concern with their PHA, referencing 24 CFR § 5.609(c)(2) and this notice. Tenant-rights organizations or a HUD Field Office of Public Housing can provide additional guidance on how this exclusion applies and what steps are generally available to households whose income may have been miscalculated.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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