Public housing originated with the United States Housing Act of 1937. The program produced nearly 1.4 million housing units. Currently, there are approximately 1.2 million units. On the federal level, the Department of Housing and Urban Development (HUD) administers the public housing program. Locally, public housing is owned by public housing agencies (PHAs) and governed by a local board of commissioners. HUD maintains information on how to locate PHAs in your community.
Public housing is supported by public funding. Congress appropriates funds to support public housing, primarily through an operating fund and a capital fund, and HUD distributes those funds to PHAs. Except for funding that is available under the HOPE VI program, Congress has not appropriated money for any new public housing in many years. In expending these federal funds, PHAs are subject to Section 3, which is designed to provide economic and employment opportunities to low and very low-income residents, including public housing residents.
Congress and HUD establish the federal rules for the public housing program that PHAs must follow. PHAs have discretion to adopt local rules that do not conflict with these rules. In consultation with a Resident Advisory Board (RAB), PHAs are required to develop Five-Year and Annual Plans in which they set forth their local policies.
To be eligible for public housing, applicants must have income at or below 80% of the area median income (AMI). The HUD website has information on median income. The 80% of AMI limit notwithstanding, most public housing residents are extremely low-income, having incomes below 30% of AMI. The national average income level of a public housing resident is approximately 20% of AMI. In addition, applicants must meet other admission criteria including whether they are suitable tenants. Because there is not enough public housing to meet the need, most households that are admitted to public housing also fit within a priority admission category.
Tenants’ rents are generally set at 30% of their adjusted income.
Public housing residents have security of tenure and may only be evicted for good cause, such as a substantial lease violation. However, certain tenants must complete a community service requirement or be subject to eviction. Prior to eviction, public housing tenants are usually entitled to a grievance hearing.
PHAs must seek HUD approval to demolish or dispose of public housing. Advocates and tenants have sought to stop proposed demolitions or dispositions and/or to condition any HUD approval to dispose of or demolish public housing.
Nationwide there are 32 PHAs that have been selected for a program called Moving to Work (MTW), in which the participating PHAs are permitted to experiment with different policies and are not bound by many of the statutory or regulatory rules that govern public housing and the voucher program.
Many residents in public housing have come together to form resident councils (RCs) or resident organizations (ROs).
Materials
Public Housing
This outline of the key components of the public housing program and the accompanying PowerPoint were part of the training materials from the NHLP training at the Housing Justice Network (HJN) meeting in December 2008.
Statutes, Regulations and Administrative References
42 U.S.C. §§ 1437 et seq.
Contains the main provisions governing public housing that are included in the United States Housing Act of 1937.
42 U.S.C. § 1436a
Restrictions on use of assisted housing by undocumented immigrants.
42 U.S.C. §§ 13661-4
Provisions regarding Safety and Security in Public and Assisted Housing.
24 C.F.R.:
§ 5.100 General Definitions
§ 5.110 Waiver authority
§ 5.210-18 Disclosure of Social Security Numbers
§ 5.230-38 Procedures for Securing Wage and Income Information
§ 5.300 Pets Ownership for the Elderly or Persons with Disabilities
§ 5.403 Definitions for Public Housing
§ 5.500-28 Restrictions on Assistance to Non-citizens
§ 5.601 et seq. Income limits, definition of income, recertification and rents,
§ 5.615 Effect of welfare benefit reduction on family rent
§ 5.617 Earned income disregard for disabled voucher tenants
§ 5.630 Minimum rent
§ 5.632 Utility reimbursement
§ 5.701-05 Physical Condition Standards and Inspection Requirements
§ 5.801 Uniform Financial Reporting Standards
§ 761 Public Housing Drug Elimination Program (No longer funded)
§ 901 Public Housing Management Assessment Program
§ 902Public Housing Assessment System
§ 960.1-.2 Deconcentration of Poverty and Fair Housing in Program Admissions
§ 903.3-.25 Public Housing Agency Plans
§ 904 Homeownership -- Turnkey III
§ 905 Capital Fund Program § 906 Homeownership Section 5(h) homeownership
§ 941 Public Housing Development, including Public/Private Partnerships
§ 945 Designated Housing for the Elderly or Disabled or both
§ 950 Indian Housing
§ 960 Admission to, and Occupancy of, Public Housing
§ 960.200-.208 Admission
§ 960.253-.261 Rent and Reexamination
§ 960.401-.407 Preference for Elderly and Disabled Families in Mixed Population Projects
§ 960.503-.505 Occupancy by Over-Income Families or Police Officers
§ 960.600-.609 Community Service
§ 960.701-.707 Pet Ownership in Public Housing
§ 963 Contracting with Resident Businesses
§ 964 Tenant Participation, Tenant Opportunities and Resident Board Members
§ 965 Insurance and Utility Policies
§ 966 Leases and grievance procedures
§ 968 Modernization
§ 969 Continued Operation after Completion of Debt Service
§ 970 Demolition or Disposition
§ 971 Assessment of the Reasonable Revitalization Potential of Certain Public Housing
§ 972 Conversion of Public Housing to Tenant-Based Assistance
§ 984 Family Self-Sufficiency
§ 990 Operating Fund Program
Handbooks
HUD Handbooks are generally available at the HUD website.
•
Public Housing Occupancy Guidebook (June 2003)
• Handbook 7417.1, Public Housing Development Handbook REV-1 (10/10/80 with changes through CHG-12, 12/21/92)
• Handbook 7430.1, Leased Housing Handbook (11/28/69 through CHG-9, 5/17/82) (canceled as a requirement, but retained as guidance to understanding and interpreting regulations)
• Handbook 7460.2, Public Housing Manager Certification Program Handbook (11/6/80 through CHG-1, 3/26/85)
• Handbook 7460.4, Security Planning for HUD-Assisted Multifamily Housing (4/1/74)
• Handbook 7460.5, Public Housing Management Assessment Program (PHMAP) (3/92 through CHG-1 November 22, 1993)
• Handbook 7460.7, Field Office Monitoring of PHAs REV-2 (2/28/90 with changes through 11/18/94)
• Handbook 7465.1, Public Housing Occupancy Handbook: Admission REV-2 (8/87 through CHG-2, 7/12/91
• Handbook 7465.2, Public Housing Occupancy Audit Handbook REV-2 (6/9/88)
• Handbook 7465.3, The Public and Indian Housing Occupancy Reporting Handbook (12/90)
• Handbook 7475.1, Financial Management Handbook REV-1 (12/18/87 through CHG-1, 3/9/89) (canceled as requirement, but retained as guidance to understanding and interpreting regulations)
• Handbook 7476.1, Audits of Public Housing Agencies and Indian Housing Authorities by Independent Auditors REV-1, 10/89 through CHG-2 dated 9/94)(cancelled as a requirement, but retained as guidance to interpreting the regulations)
• Handbook 7485.1, Public Housing Comprehensive Improvement Assistance Program REV-4 (12/20/89)
• Handbook 7485.2, Public Housing Modernization Standards Rev-1 (February 4, 1985, with changes through CHG-2, 3/29/93)
• Handbook 7490.1, Resident Initiatives Grants Management (April 7, 1993)
Links
HUD webpage on public housing
Center for Budget and Policy Priorities
National Low Income Housing Coalition
National Training and Information Center