When a housing provider sets an income requirement, they must consider only the tenant’s portion of the rent for tenants using a Section 8 voucher. For example, if the policy requires income to be three times the rent and the tenant’s share is $500, then the tenant needs to show an income of at least $1,500 per month. It is discriminatory to require that the tenant's income be three times the full rent amount including the portion covered by the housing authority.
This approach is supported by HUD’s regulations, particularly 24 CFR § 982.307, which prohibits owners from applying different rental criteria to Section 8 voucher holders that are not uniformly applied to all other tenants. Additionally, such practices may violate the Fair Housing Act, which protects against discrimination on the basis of participation in housing assistance programs.
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