Proposed Bill Would Require Eviction of Over-Income Public Housing Tenants

Representative Bradley Byrne (R-AL) has introduced HR 4133, a bill that would require removal of public housing tenants whose income after move-in exceeds the qualifying income limits. The proposed “Public Housing Accountability Act” was introduced on November 30, 2015 and has been referred to the House Financial Services Committee. If passed the bill would amend the Housing Act of 1937 to require annual income reviews of public housing tenants. Current law limits such reviews to the initial eligibility of the household at move-in. The bill also requires that families notified of income exceeding the limits must file an appeal within 30-days of receipt of the notice and provide documentation that was not included in the income review. If there is no appeal, or if the appeal is denied, over-income families must vacate the housing.

 

The bill was introduced following a report from the HUD Inspector General that showed there are thousands of residents living in public housing with income in excess of the qualifying limits. Based on the make-up of the House and Senate, there is a reasonable chance that the bill will pass in 2016.

 

It is worth noting that one of the reasons the law exists in its current form was so that public housing residents would not be discouraged from obtaining better paying jobs out of fear of losing their housing. Passage of this bill would almost certainly lead some public housing residents to avoid better paying jobs due to the cost of market rate housing.

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