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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 1437f

Citation
§ 1437f
Parent Document
Nozzi v. Housing Authority, 806 F.3d 1178 (2015)
Effective Date
2015-11-30

Other Sections in This Document (154)

Full Text

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3
     This calculation must account for any welfare assistance tenants
receive that is specifically designated for housing costs. 42 U.S.C.
§ 1437f(o)(2)(A)(iii).
 4
   An example helps to illustrate this formula. Abel and Beth both must
contribute 30% of their monthly adjusted income, for a total of $100 each.
The payment standard for one-bedroom apartments in their area is $400.
Abel rents a $400 apartment. He must pay $100 towards his rent and will
receive the remaining $300 as a rent subsidy. Beth rents a $500
apartment. She must pay the $100 from her monthly adjusted income, but
must also pay the amount by which her $500 apartment exceeds the $400
payment standard–another $100, for a total of $200.
  5
   In the hypothetical above, if the public housing agency lowered the
payment standard for a one-bedroom apartment in the area from $400 to
$300, Abel, who is renting a $400 apartment, would now need to pay an
additional $100 for a total of $200. Beth, who is renting a $500
apartment, would need to pay an additional $200, for a total of $300. A
decrease in the payment standard would not cause an increase in rent
when: (1) the total rent for the unit is less than the lower payment
8                        NOZZI V. HACLA