Tenn. Comp. R. & Regs. 0770-01-05-.11 - FAMILY COMPOSITION (24 C.F.R. 5.403, 982.201)
(1)
Definition of Family. An applicant must meet the definition of family as
defined by HUD and the THDA in order to be eligible for assistance. Family is
generally defined as one or more persons sharing residency, or who intend to
share residency, regardless of actual or perceived sexual orientation, gender
identity, or marital status, whose income and resources are available to meet
the household needs. Family includes, but is not limited to:
(a) A Single Person. The person may be
elderly, displaced, disabled, near-elderly, or any other single person, if they
meet the other eligibility criteria; or
(b) A Group of Persons Residing Together:
1. A family with or without
children.
2. An elderly family,
defined as a family whose head, co-head, spouse, or sole member is at least
sixty-two (62) years old and may include two or more persons living together
who are at least 62 years of age or one or more persons who are at least 62
years old that are living with one or more live-in aides.
3. A near-elderly family, defined as a family
whose head, including co-head, spouse, or sole member is a person who is at
least fifty (50) years old, but below the age of sixty-two (62); or two or more
persons living together who are at least 50 years old but below the age of 62;
or one or more persons who are at least 50 years old but below the age of 62
that are living with one or more live-in aides.
4. A disabled family, defined as a family
whose head, co-head, spouse, or sole member is a person with a disability and
may include two or more persons with disabilities living together or one or
more persons with disabilities living with one or more live-in aides.
5. A displaced family, defined as a family in
which each member, or whose sole member, is a person displaced by government
action or a person whose dwelling has been extensively damaged or destroyed
because of a disaster declared or otherwise formally recognized pursuant to
federal disaster relief laws.
6.
The remaining member of a tenant family.
(2) Family Relationships. Applicants and
program participants are required to identify the relationship of each
household member to the head of household.
(a)
Head of Household. The adult member of the family who is considered the head
for purposes of determining income eligibility and rent. The head of household
is responsible for ensuring that the family fulfills all of its
responsibilities under the program, alone or in conjunction with a co-head or
spouse.
1. The household may designate any
qualified household member as the head of household.
2. Has the legal capacity to enter into a
lease under local/state law or has a conservator that has the legal capacity to
enter into a lease under local/state law.
3. The person who assumes legal and moral
responsibility for the household.
4. Listed on the pre-application as the head
and accepts sole responsibility for reporting true and accurate information for
the household.
5. A household may
not designate a family member as the head of household solely to qualify the
household as an elderly or disabled household.
(b) Spouse of the Head of Household. The
marriage partner of the head of household, equally responsible with the head
for the legal and moral responsibility of the household.
1. The term "spouse" does not apply to
domestic partners or co-heads.
2. A
spouse never qualifies as a dependent.
(c) Co-head. An individual, equally
responsible with the head of household for the legal and moral responsibility
of the household, such as a domestic partner or paramour.
1. A household may have a co-head or a
spouse, but not both.
2. A co-head
never qualifies as a dependent.
(d) Other Adult. A member of the household,
excluding foster adults and live-in aides, other than the head, spouse, or
co-head, who is eighteen (18) years old or older on the effective date of any
action.
(e) Emancipated Minor.
1. A youth is considered to be an emancipated
minor once the age of eighteen (18) is attained.
2. The marriage of a minor is considered an
emancipating event, thereby terminating the responsibility of the parent(s) for
the support of the minor.
3.
Generally, graduation from high school is also an emancipating event, thereby
terminating the responsibility of the parent(s) for the support of the
minor.
(f) Dependents. A
dependent is a family member who is under the age of eighteen (18), or a person
of any age who either has a disability or is a full-time student.
1. The head of household, spouse, co-head,
foster children/adults, and live-in aides can never be dependents.
2. Dependents do not need to be related to
the head of household.
3. A child
absent because of temporary placement in foster care outside of the home, as
evidenced by court order, is considered a member of the family, and therefore
considered in determining family size at initial eligibility. However, if the
child continues to be absent at any annual certification, then the child will
be removed from the household until the court places the child back with the
family permanently.
4. Joint
Custody of Children. In order for a child to be considered a dependent member
of a household, the child must be living, at least fifty-one (51%) percent of
the time, with the parent applying for or receiving assistance.
(i) Fifty-one percent is defined as at least
one hundred eighty-three (183) days of the year and the days do not have to run
consecutively.
(ii) Only one parent
may claim a child under any of the HUD housing programs at one time, even if
both parents are seeking or receiving assistance and share joint custody.
Therefore, if both parents are trying to claim a child and the 51% rule cannot
be determined, the parent whose address is listed in the school or other
official record will be allowed to claim the child.
(iii) Children subject to a joint custody
agreement that live with both parents an equal percent of time, will be
considered members of applicant or participant households as long as the other
parent is not applying or receiving assistance under any HUD housing
program.
5. Full-Time
Student over the Age of Eighteen. A member of the household, other than the
head, spouse, co-head, foster child, or foster adult, who is eighteen (18)
years of age or older, and carries a subject load that is considered full-time
status under the standards and practices of the educational institution the
student attends is considered a dependent.
(i) Educational institution also includes
vocational schools with diploma or certificate programs, as well as
degree-granting institutions.
(ii)
A home-school student must satisfy all applicable state and local laws covering
home schooling
(3) Household. Household is not the same
thing as family. Foster Children, Foster Adults, and Live-in Aides may all be
considered household members if they are approved by the THDA, but they are not
family members. Therefore, they will only be considered in determining subsidy
size upon initial eligibility or allowed to be added to the household under the
following guidelines, but they are not allotted a dependent allowance.
(a) Foster Children and Adults.
1. Foster Child Definition. A member of the
household under the age of eighteen (18) or a full-time student that is 18
years or older that is in the legal guardianship of a State, county, or private
adoption or foster care agency, yet are cared for by foster parents in the
assisted unit, under some kind of short-term or long-term foster care
arrangement.
2. Foster Adult
Definition. A member of the household, usually a person with a disability
unrelated to any member of the household who is unable to live alone, who is
eighteen (18) years of age or older for whom the household provides necessary
shelter, care, and protection.
3.
Determination of Subsidy Size. Foster Children and Foster Adults will be
considered in the subsidy size if the arrangement is pre-existing at the time
of approval of initial eligibility to the Program. After initial eligibility,
Foster Children and Foster Adults will not be used to determine subsidy size,
but may only be added to the household if:
(i) The family follows the THDA's policies
for obtaining approval and adding additional household members; and
(ii) The addition of the Foster Child(ren) or
Adult(s) will not cause overcrowding of the unit.
(b) Live-In Aide. According to
24 C.F.R.
982.316, a live-in aide is a person who lives
with the elderly, near-elderly, or disabled member(s) of a household.
1. A person must receive approval from the
THDA to be designated as a live-in aide by meeting the following conditions:
(i) Must be an adult or emancipated
minor;
(ii) Must be essential to
the care and well-being of the elderly, near-elderly, or disabled household
member(s), as verified by a knowledgeable healthcare professional;
(iii) Would not be living in the household
unit, except to provide the essential care;
(iv) Must not be obligated for the support of
the elderly, near-elderly, or disabled member; and
(v) May not be considered the remaining
member of a household, but may be changed from a live-in aide to an "Other
Adult" during the course of the assistance as long as:
(I) The live-in aide is otherwise eligible
according to the rules under this plan for additions to the
household;
(II) The household
follows the rules for additions to the household.
(III) The change is not for the purpose of
attempting to make the live-in aide the remaining member of household. If the
THDA discovers that such manipulation has occurred, the household will be
terminated from the program. The THDA reserves the right to conduct an audit
inspection of the assisted unit to verify compliance as it relates to an
additional bedroom allocation.
2. A caregiver may only be defined as a
full-time live-in aide if a healthcare provider certifies that care is needed
on a full time basis. THDA defines a full-time live-in aide as:
(i) Care is needed twelve (12) hours or more
per day; or
(ii) Care is needed
overnight.
(iii) If care is needed
on full-time basis, the addition of a live-in aide should follow the current
bedroom allocation specified by household composition currently outlined in the
Administrative Plan. However, THDA may make an accommodation to the voucher
size allowing an additional bedroom allocation as a reasonable accommodation
for the family based on verified medical need.
(iv) If care is needed on a part-time basis,
no additional bedroom allocation or accommodation of the voucher size will be
granted.
3. A relative
may serve as a live-in aide as long as they qualify according to the above
requirements.
4. If the person does
not qualify as a live-in aide, they may be added as an "Other Adult."
5. The THDA may deny or withdraw approval of
a person as a live-in aide if such person:
(i) Commits fraud, bribery, or any other
corrupt or criminal act in connection with any federal housing program;
or
(ii) Commits drug-related
criminal activity or violent criminal activity; or
(iii) Currently owes rent or other amounts to
any Public Housing Authority in connection with Section 8 or public housing
assistance under the U.S. Housing Act of 1937.
(4) Multiple
Families in the Same Household. Even though it may appear that there are two or
more families within the same household (ex. Mother and father with a daughter
who also has her own family), all will be treated as one family if they apply
as a single household unit.
(5)
Verifications.
(a) Legal Identity/Age.
1. Applicants and participants must furnish
verification of legal identity and age for each household member. The household
member must furnish documents for viewing and copying.
2. A birth certificate or mother's copy from
the hospital will be requested, unless the family offers a reasonable
explanation for not having access to their birth certificate. Typically, unless
a person was born prior to 1950, a birth certificate is readily available
through vital records in the state of birth (or vitalcheck.com).
(i) Verification when birth certificate is
not available, including, but not limited to:
(I) Naturalization papers.
(II) Church-issued Baptismal
certificate.
(III) U.S.
passport.
(IV) Adoption
papers.
(V) Military discharge
papers.
(VI) Social Security
Administration Benefits Printout.
(VII) For children, court orders which
display birth date or age or school records may also be
used.
3. If a
document submitted is illegible or otherwise questionable, more than one of
these documents may be required. The document will be retained in the permanent
records section of the THDA participant file.
4. Legal identity will be verified for
program eligibility and on an as-needed basis.
5. Age need only be verified once during
continuously assisted occupancy.
(b) Family Composition. Applicants and
program participants are required to identify the relationship of each
household member to the head of household. Definitions of the primary household
relationships are provided at 0770-01-05-.11.
1. Family relationships are verified only to
the extent necessary to determine a household's eligibility and level of
assistance. Certification by the head of household normally is sufficient
verification of family or household relationships, unless stated
otherwise.
2. Marriage. If the THDA
has reasonable doubts about a marital relationship, the THDA will require the
family to document the marriage with a marriage certificate. To obtain a copy
of the marriage certificate the client may apply to
www.vitalcheck.com in order to request
an official copy of the certificate. The THDA may also use an affidavit in
cases of spouses that are married, but living separately.
3. Separation or Divorce.
(i) A certified copy of a divorce decree,
signed by a court officer, is required to document that a couple is divorced.
If the couple has children, this decree will be used to verify child custody
and child support payments.
(ii) A
copy of a court-ordered maintenance, separation agreement, settlement
agreement, or other court record is required to document a
separation.
4. Absence
of Adult Member. If an adult member is permanently absent, the household must
provide evidence to support that the person is no longer a member of the
household and fill out whatever form the THDA is currently using to verify the
status in writing. See Interim Recertifications 0770-01-05-.26(2), for more
information on this topic.
5. Minor
Dependents. Documentation for household composition purposes may include, but
is not limited to, birth certificates, custody agreements, tax returns,
computer-generated documents from schools, or other social service
programs.
6. Foster Children and
Foster Adults. Household must provide an acceptable computer-generated document
or third-party verification from the state or local government agency
responsible for the foster placement of the individual with the household.
(i) Appropriate verification includes
documents showing the court assignment of the foster adult or child,
computer-generated documents from a third-party source or third-party
verification from the Department of Children's Services (DCS) or other social
service agency contracted with DCS for foster child placement.
(ii) If the documentation is questionable,
more than one document may be required to verify foster placement.
Self-declaration is not acceptable to verify foster care
placements.
7.
Guardianship of Household Members Who are Minors. Although legal guardianship
is not required, if a household has a minor in the household who is not a child
by birth or adoption and who is not a foster child, and there is a question
raised as to whether the child actually resides in the assisted unit, the head
of household must verify that the minor resides in the unit by a preponderance
of the evidence. Proper verification includes, but is not limited to:
(i) Documentation from a social services
agency with the minor listed as a resident in the assisted household, such as a
DHS ACCENT report, computer-generated document from the child's school
verifying their enrollment, the THDA Verification of School Enrollment
completed by a school official, medical records, insurance plans, or other THDA
verification forms, etc.
(ii)
Verification of legal guardianship acceptable under the laws of the state in
which guardianship was granted, a court order of temporary custody, a power of
attorney, or a temporary guardianship form.
(iii) A minor who plans to reside in a
household as an adult must provide a copy of the court's order of emancipation
as verification of emancipation from his or her legal
guardians.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.