70 Federal Register 77742, et. seq. – Final Rule Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937 (December 30, 2005).

This rule implements a new law, enacted as part of HUD’s Fiscal Year (FY) 2006 appropriations (Public Law 109-115, 199 Stat. 2936), that restricts certain students enrolled in institutions of higher education from receiving assistance under Section 8 of the U.S. Housing Act of 1937. Subsection (a) of Section 327 bars Section 8 assistance to any individual who meets all of the following criteria: (1) is enrolled as a student in an institution of higher education, as defined in 20 U.S.C. § 1002; (2) is under 24; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; and (6) is not otherwise individually eligible or has parents who, individually or jointly, are not eligible to receive Section 8 assistance.

Subsection(b) provides that, except for a person over the age of 23 with dependent children, for purposes of determining a person’s eligibility for Section 8, any financial assistance (in excess of amounts received for tuition) that a student received under the Higher Education Act of 1965 (20 U.S.C. § 1001), from private sources, or an institution of higher education, shall be counted as income.HUD states that the new law and regulation were enacted to address incidents of college students obtaining federal housing assistance without counting their educational financial assistance as income.

HUD states that the new law and regulation were enacted to address incidents of college students obtaining federal housing assistance without counting their educational financial assistance as income. [Download]