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Subsidized Housing Tenants &
Work-Related Rent Freezes

 

What is a rent freeze?

Certain tenants in subsidized housing who start working after a period of unemployment may be eligible for a Rent Freeze- their rent will stay the same for a period of time even though they earn more money.

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Federal Public Housing Tenants

If you are on flat rent, available to some federal public housing tenants, your rent does not change when you go to work so you are not technically eligible for a rent freeze.

For all other federal public housing tenants, an increase in income usually means that the rent goes up. However, if you begin a job while living in federal public housing, and you were previously unemployed, you might be eligible for a "self-sufficiency incentive", also known as an earned income exclusion or a rent freeze.

You can get the rent freeze if:

  • Before you got your job, you were unemployed for one or more years or
  • You earned less than $3375 over the 12 months prior to getting your job or
  • You received welfare benefits or participated in a Welfare-to-Work program in the six months before getting your job or
  • You got your job while you were in a job training or self-sufficiency program

You only have to be in one of these categories to get the rent freeze and any household member is eligible, regardless of disability (i.e., you do NOT have to show that you have a disability).

If I qualify, how does it work?
For the first 12 months after you start working, income related to your job is not counted towards your rent, so your rent stays the same. In the second 12 months, your housing authority will count only half of your total work earnings towards rent. For example, this means that if you earn $1000 each month in the second 12 months, the housing authority can only count $500 of your earnings per month when calculating your rent.

How to apply
Use the appropriate letter to request a rent freeze, also called the self-sufficiency incentive, from your housing authority or property manager. Check all the boxes that apply to you, and keep a copy for your records.

If your rent freeze request is refused, find out why. If you disagree, you can file an appeal or grievance.

For more information about the rent freeze or how to file an appeal or grievance, contact a benefits planner, case manager, or local legal services office. To find your legal services office, call the Legal Advocacy and Resource Center at 800-342-5297/617-371-1226 (TTY) or go to www.masslegalhelp.org. Additional detailed information about the grievance process is available at www.masslegalhelp.org/housing/grievances.


State Public Housing Tenants, and those in the Massachusetts Rental Voucher Program (MRVP), or the Alternative Housing Voucher Program (AHVP)

If I live in state public housing or have a Massachusetts Rental Voucher Program (MRVP) or Alternative Housing Voucher Program (AHVP) voucher and get a job, will my rent increase?

If you begin a job while living in state public housing or have one of these vouchers, and you were previously not working, you might be eligible for an earned income exclusion. This is sometimes known as a rent freeze.

How do I qualify for a rent freeze in state housing programs?

You can get the rent freeze if before you got your job you:

  • Received either TAFDC, EAEDC, SSI, or SSDI for the 12 consecutive months immediately prior to beginning your job and
  • Once you started working, your government cash benefit assistance decreased

If you have questions about how work affects your SSI or SSDI benefits, call the Disability Law Center at 617-723-8455/617-227-9464 (TTY) or 800-872-9992. You can also contact the Work Incentives Planning and Assistance program nearest you, which is listed on the "get help" page of this packet.

Do I have to show that I have a disability to get the rent freeze in state housing programs?
No. Any household member can get the rent freeze, regardless of disability.

If I qualify, how does it work?
For the first 12 months after you start working, income related to your job is not counted towards your rent, so your rent stays the same. You can only get this exclusion once.

How to apply
Use the appropriate letter to request a rent freeze, also called the earned income exclusion, from the agency that administers your housing situation. This could be your local housing authority or the agency that provided you with your voucher. For help in determining who should get this letter, talk with your housing manager.

Check all the boxes that apply to you, and keep a copy for your records. If your rent freeze request is refused, find out why. If you disagree, you can file an appeal or grievance.

For more information about the rent freeze or how to file an appeal or grievance, contact a benefits planner, case manager, or local legal services office. To find your legal services office, call the Legal Advocacy and Resource Center at 800-342-5297/617-371-1226 (TTY) or go to www.masslegalhelp.org. Additional detailed information about the grievance process is available at www.masslegalhelp.org/housing/grievances.


Tenants with Disabilities Who Have Section 8 Housing Choice Vouchers or Live in Apartments Funded by HOPWA, Supportive Housing, or HOME Investment Partnerships Programs

If I have a Section 8 Voucher (also called a Housing Choice Voucher) and get a job, will my rent increase?
Maybe not. An increase in income usually means that your rent goes up. However, if you begin a job while you are renting with a Section 8 voucher, and you were previously not working, you might be eligible for a self-sufficiency incentive. This is also known as an earned income exclusion or a rent freeze.

Can I get the rent freeze if I live in a Section 8 project-based building?
Generally not. You can only qualify for the rent freeze if you have a mobile Section 8 voucher, sometimes called a tenant-based voucher. With this kind of voucher, if you move out of your apartment you can take your Section 8 with you and rent somewhere else.

However, you can get the rent freeze if you have a disability and you live in an apartment funded by the Housing Opportunity for People with AIDS program (HOPWA), the Supportive Housing Program, or the HOME Investment Partnerships Program. If you don't know whether or not you are in one of these programs, ask your housing manager.

How do I qualify for a rent freeze if I have a Section 8 mobile voucher, or live in an apartment funded by the HOPWA, Supportive Housing, or HOME Investment Partnerships programs?

First, you must demonstrate that you are a person with a disability (see the next question). If you are considered to be a person with a disability, you can get the rent freeze if:

  • Before you got your job, you were unemployed for one or more years or
  • You earned less than $3375 over the 12 months prior to getting your job or
  • You received welfare benefits or participated in a Welfare-to-Work program in the six months before getting your job or
  • You got your job while participating in a job training or self-sufficiency program.

You only have to be in one of these categories to get the rent freeze.

How do I show that I am a person with a disability?

For purposes of qualifying for the Section 8 rent freeze, you are a person with a disability if:

  • You currently get SSI or SSDI disability benefits, or you are eligible for SSI or SSDI but do not currently get cash benefits because you are working or
  • You receive services from the Department of Mental Health, the Department of Mental Retardation, the Massachusetts Rehabilitation Commission, the Massachusetts Commission for the Blind, or the Massachusetts Commission for the Deaf and Hard of Hearing

If you don't receive any government benefits or services, you will have to show your housing authority that you are a person with a disability. This means that you have a physical, mental, developmental, or emotional impairment that is expected to last a long time and that limits major life activities (such as walking, breathing, seeing, hearing, learning, or working).

You may also be considered a person with a disability if you have a history of a disability or if you are seen as someone with a disability. Your disability cannot be based solely on drug or alcohol addiction.

One of the best ways to show that you have a disability is to get a doctor or other health care professional to write a letter on your behalf describing your disability and how it limits major life activities.

If I qualify, how does it work?
For the first 12 months after you start working, all income related to your job is not counted towards your rent. This means that your rent stays the same. In the second 12 months, only half of your total work earnings will count towards your rent. For example, if you earn $1000 each month, the housing administrator can only count $500 of your earnings per month when calculating your rent.

How to apply
Use the appropriate letter to request a rent freeze, also called the self-sufficiency incentive, from the agency that administers your housing situation. This could be your local housing authority, your regional housing agency, or another organization in your community. For help in determining who should get this letter, talk with your housing manager.

Check all boxes that apply to you, and keep a copy for your records.

If your rent freeze request is refused, find out why. If you disagree, you can file an appeal or grievance.

For more information about the rent freeze or how to file an appeal or grievance, contact a benefits planner, case manager, or local legal services office. To find your legal services office, call the Legal Advocacy and Resource Center at 800-342-5297/617-371-1226 (TTY) or go to www.masslegalhelp.org. Additional detailed information about the grievance process is available at www.masslegalhelp.org/housing/grievances.


Comparison Grid

Federal State

Disabled &
Sec 8

Eligible Housing
In Federal public housing and not on "flat rent"
In State public housing, MRVP or AHVP
Section 8 Housing Choice Vouchers or HOPWA, Supportive Housing, or HOME Investment Partnerships Programs. NOT Section 8 project-based building
Eligibility
You were unemployed for one or more years or

You earned less than $3375 over the 12 months prior to getting your job or

You received welfare benefits or participated in a Welfare-to-Work program in the six months before getting your job or

You got your job while you were in a job training or self-sufficiency program

 

Before you got your job you received either TAFDC, EAEDC, SSI, or SSDI for the 12 consecutive months immediately prior to beginning your job AND

once you started working, your government cash benefit assistance decreased

Before you got your job you:

were unemployed for one or more years or

earned less than $3375 over the 12 months prior to getting your job or

received welfare benefits or participated in a Welfare-to-Work program in the six months before getting your job or

You got your job while participating in a job training or self-sufficiency program.

Disability requirement?
No No

Yes. Demonstrated by:

You currently get SSI or SSDI disability, or you are eligible for SSI or SSDI but do not currently get cash benefits because you are working OR

You receive services from the Department of Mental Health, the Department of Mental Retardation, the Massachusetts Rehabilitation Commission, the Massachusetts Commission for the Blind, or the Massachusetts Commission for the Deaf and Hard of Hearing OR

You have a physical, mental, developmental, or emotional impairment that is expected to last a long time and that limits major life activities. OR

You have a history of a disability or are seen as someone with a disability. Disability cannot be based solely on drug or alcohol addiction.

Benefit
12 month freeze, next 12 months only half of income counts when assessing rent 12 month freeze. You can only get this exclusion once. 12 month freeze, next 12 months only half of income counts when assessing rent

 


Adapted from:  "Massachusetts Public and Subsidized Housing Tenants: Know Your Rights! Get a Rent Freeze When You Go to Work" Resource Guide 10, by Melanie Jordan. Linked from News from Institute for Community Inclusion, e-mail March 05, 2009, (Thanks to Andra Sobran for forwarding.) On the web: http://www.communityinclusion.org/article.php?article_id=194, retrieved 3/5/09.