Chapter III: Selecting Names / Voucher Issuance


Section I: Issuance

1. Background Information

The Fair Housing Act protects against discrimination in housing on the basis of handicap or familial status. To this end, occupancy standards have become more flexible. HUD no longer mandates the number of persons who may live in a certain sized unit, but rather offers instructional guidelines which are not intended to be conclusive. All Public Housing Agencies (PHA’s) must set reasonable occupancy standards which assist as many people as possible without causing overcrowding, or violating local health standards. Occupancy policies can no longer be so stringent as to prohibit the family from choosing the unit size they deem appropriate.

As a general rule, HUD guidelines provide occupancy policies that allow for two persons per bedroom as reasonable. However, the reasonableness of any occupancy policy is refutable, and compliance with the Fair Housing Act is not based solely on the number of people permitted in each bedroom. Therefore, other reasonable factors such as the number and size of sleeping areas or bedrooms and the overall size of the dwelling unit must be considered. When HUD reviews occupancy cases and/or Fair Housing complaints to determine compliance with the law, the size and number of bedrooms, along with any other special circumstances, will be considered. Although occupancy determinations are more subjective, MSHDA’s Administrative Plan reflects the general requirements.

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2. Unit Size

The Fair Housing Act inspired a flexible occupancy policy. The major emphasis is on individual circumstances and situations. Many factors must be considered when determining whether or not the unit size is adequate for a particular family. If appropriate and/or necessary to support a decision, detailed records must be maintained. See Background Information Section for more explanation.

MSHDA’s standard in determining the appropriate unit size is to provide at least one bedroom for every two individuals. However, both the Fair Housing Act and program regulations state that a family cannot be prohibited from renting a unit with fewer bedrooms than specified on their voucher. A thorough review and understanding of the information identified below is necessary when determining the appropriate unit and issuance size for a particular family.

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3. General Unit/Issuance Size Factors
  • No more than two persons are required to occupy a bedroom.
  • Persons of different generations (i.e. grandparents, parents, children), persons of the opposite sex (other than spouses/couples), and unrelated adults are not required to share a bedroom.
  • Two children of the same sex (regardless of age) must share the same bedroom for issuance size purposes.
  • Couples living as husband and wife (whether or not legally married) must share the same bedroom for issuance size purposes.
  • A live-in aide who is not a member of the family is not required to share a bedroom with another member of the household. Note: The need for a full time live-in aide must be documented with a Verification of Disability and/or Special Needs form (MSHDA 16). If a MSHDA 16 cannot be obtained, and individual circumstances warrant special consideration, a waiver from the Resource Specialist (RS) may be approved as outlined in Issuance Size Exceptions. Issuance of a bedroom for a live-in aide would only apply to aides who actually live in the unit and sleep there - one aide, around the clock care; not when there is an agency hired and different individuals assist for three, 8-hour shifts to provide the 24-hour care.
  • HUD allows a live-in aide’s family members to reside in the unit provided that the occupancy by the live-in aide’s family does not overcrowd the unit, or create an undue financial burden on the family thereby requiring that MSHDA provide a larger payment standard. If this occurs, contact the assigned RS for guidance.
  • Individual medical problems (e.g. chronic illness) sometimes require separate bedrooms for household members who would otherwise be required to share a bedroom. Documentation supporting the larger sized unit and related subsidy must be verified with a MSHDA 16. If a MSHDA 16 cannot be obtained and individual circumstances warrant special consideration, a waiver from the RS may be approved as outlined in Issuance Size Exceptions.
  • In most instances, a bedroom is not provided for a family member who will be absent most of the time, such as a member who is away in the military. If individual circumstances warrant special consideration, a waiver from the RS may be approved as outlined in Issuance Size Exceptions.
  • In addition to the number of bedrooms, the size of the unit and of the bedrooms should also be considered when evaluating the individual circumstances of the family.
  • Considering the above factors, households with three people generally should not receive a voucher with more than three bedrooms. Conversely, three-person households should not be required to live in a dwelling with less than two bedrooms. By choice, a three-person household is permitted to live in a unit with fewer than two bedrooms.
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4. Determining Family Issuance Size

When determining family issuance size, include all children expected to reside in the unit as members of the household. Examples include, but are not limited to, the following:

  • Pregnant woman living alone: An applicant who claims pregnancy and who lives alone is qualified for a two-bedroom voucher. At the time the applicant’s name is pulled from the waiting list, if the child has not been born and an immediate determination of pregnancy cannot be determined, the applicant must submit a certificate/statement from a health professional verifying the pregnancy. Other acceptable verifications include completion of a MSHDA 16 form or a Supplemental Information form (MSHDA 77) by the HA who can observe the pregnancy. Issuance of an additional bedroom for a pregnant adult only applies to a single pregnant adult who lives alone. An additional bedroom cannot be issued for a couple who is expecting a child; or a couple with children who is expecting another child.
  • Adoption: Children who are in the process of being adopted. The anticipated adoption must be confirmed by the adoption agency.
  • Foster Children: Foster children residing in the unit along with families who are certified for foster care and are awaiting placement of a child(ren). Foster care participation can be verified in writing or by phone with the child placement agency via a MSHDA 77. If children are anticipated to occupy the unit within a reasonable period of time, they must be considered when determining the issuance size.
  • Joint/Shared Custody Arrangements: In most instances children in joint/shared custody arrangements should occupy the unit at least 50% of the time. However, if individual circumstances merit special consideration, a waiver from the RS may be approved as outlined in Issuance Size Exceptions. The custody arrangement must be verified with the Friend of the Court or via the divorce decree/legal documents.
  • Custody of Children in Process: Children whose custody is in the process of being obtained by an adult household member. Evidence that there is a reasonable likelihood that the child will be awarded to the adult (i.e. within three months) must be provided to actually receive a larger voucher. If evidence is not provided, a smaller sized voucher must be issued unless a waiver has been approved by the RS as outlined in Issuance Size Exceptions.
  • Children Temporarily Absent from Household:
    1. Children temporarily absent from the home due to placement in foster care. At the time the family’s name is pulled from the waiting list, evidence of the reasonable likelihood of return to the household (i.e. within three months) must be provided by the appropriate regulating agency. If evidence is not provided, a smaller sized voucher must be issued unless a waiver has been approved as outlined in Issuance Size Exceptions.
    2. Children who are away at school, but live with the family during school recesses (i.e. meets the definition of an IRS dependent).
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5. Voucher Issuance/Preferred Unit Size

1 Bedroom

1 adult, or couple with no children

2 Bedrooms

  1. Adult/couple who:
    1. require separate bedrooms, or
    2. has live-in aide
  2. In the above medical needs instances a MSHDA 16 is required.
  3. Adult/couple plus 1 child.
  4. Adult/couple plus 2 children of same sex.
  5. Woman living alone who:
    1. claims pregnancy with no other children.

3 Bedrooms

  1. Adult/couple:
    1. plus 2 children of opposite sex, or
    2. plus 3 children, or
    3. plus 4 children (2 boys and 2 girls), or
    4. with medical needs plus 1 child, or
    5. with medical needs plus 2 children of same sex.
  2. In the above medical needs instances, a MSHDA 16 is required.

4 Bedrooms

  1. Adult/couple:
    1. plus 4 or 5 children (3 of same sex), or
    2. with medical needs plus 2 children of opposite sex, or
    3. with medical needs plus 3 children.
  2. In the above medical needs instances, a MSHDA 16 is required.
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6. Issuance Size Exceptions
  • Prior written approval from the assigned Resource Specialist is required.
  • The Determining Family Issuance Size guidelines and Voucher Issuance/Preferred Unit Size chart should assist in determining the appropriate bedroom issuance size. MSHDA will consider issuance size waivers based on the following:
    1. Chronic Illness - An individual with an ongoing health problem who requires at least part-time assistance on a regular basis.
    2. Pending Child Custody cases - Includes, but is not limited to, children in foster care who may be returning home, foster children, pending adoptions, etc
    3. Parental Custody Situations - children physically occupy the unit less than 50% of the time as documented by a divorce decree and/or verification from the Friend of the Court.
    4. Other individual circumstances.
  • The family must request a waiver in writing within 14 calendar days and explain the need and justification.
  • Extra bedrooms will not be allowed for the purpose of storing medical equipment. The HA should send a Family Size Subsidy Decrease (MSHDA 147) to the tenant in advance to notify them of this change before their next annual re-examination.
  • Waivers must have prior written approval of the assigned Resource Specialist.
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7. Undersized Units

If a family elects to occupy a unit that is smaller than the size listed on their voucher, the following provisions apply:

  1. The payment standard reflects the unit size.
  2. The utility schedule used must be for the actual bedroom size of unit/
  3. The unit must meet the 40% Affordability Test for news and moves.
  4. All other eligibility and housing quality standards criteria must be satisfied.
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8. Oversized Units

If a family elects to occupy a unit that is larger than the size listed on their voucher, the following provisions apply:

  1. The payment standard reflects the voucher eligibility size.
  2. The utility schedule used must be for the actual bedroom size of unit.
  3. The unit must meet the 40% Affordability Test for news and moves.
  4. All other eligibility and Housing Quality Standards criteria must be satisfied.
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9. Issuance Period
  • Issue Vouchers for an initial period of 60 days.
  • Income verifications must be dated within 60 days of the voucher issuance date.
  • Identify the issuance/expiration dates on the voucher. The family must submit a Rental Unit Information (MSHDA 51b) form by the specified expiration date, unless an extension has been granted.
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10. Voucher Extensions (60-120 days)
  • Denied Voucher Extensions/Suspension: The HA must deny extension/suspension requests not in compliance with the above criteria. Extension/Suspension denials require written notice to the family via the Application/Program Denial/Termination form (MSHDA 1634b). Use “Other” box and explain.
  • Expired Voucher Extensions/Suspensions: Expired extensions/suspensions require written notice to the family via the MSHDA 1634b. Use “Expiration” box. HA’s may grant extensions of the initial 60-day voucher term for a maximum of 60 additional days (in two 30-day increments). Therefore, the initial term plus any extensions cannot exceed 120 days.
  • Approved extensions require written notice to the family. Enter the extension deadline on the previously signed voucher (box 4). Forward a copy of the revised voucher to the family. Retain a copy for the MSHDA file.
  • If the HA receives a verbal (documented on a MSHDA 77) or written extension request from a tenant prior to the initial voucher issuance deadline, extensions MUST be granted if the family:
    1. Provided verbal or written progress reports to the HA during the initial 60-day voucher issuance period; OR
    2. Provides a written extension request including verification of extenuating circumstances (such as death or illness) which prevented the family from finding a unit within the initial issuance period; OR
    3. Has other special requirements (e.g. a family member with disabilities needs an accessible unit or has many family members) which has made finding a unit difficult; OR
    4. Submitted a MSHDA 51b form, for a unit that is not yet available, but will be available prior to an approved extension expiration date (the MSHDA 51b identifies the available date); OR
    5. Found a unit which has been inspected by the HA and requires repairs to be completed. The landlord has repairs in process; however, the required repairs will not be completed by the original voucher expiration date; OR
    6. Received an enhanced (preservation/opt-out) voucher; OR
    7. Has unusual individual circumstances (i.e. good cause) as discussed with and approved by the RS in writing.
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11. Voucher Extensions (beyond 120 days)
  • Denied Voucher Extensions/Suspension: The HA must deny extension/suspension requests not in compliance with the above criteria. Extension/Suspension denials require written notice to the family via a MSHDA 1634b. Use “Other” box and explain.
  • Expired Voucher Extensions/Suspensions: Expired extensions/suspensions require written notice to the family via the MSHDA 1634b. Use the “Expiration” box. Upon written tenant request received prior to the voucher issuance deadline (including approved extensions) AND written RS approval, the HA MUST grant a reasonable (usually 30 days) extension beyond 120 days if the family:
    1. Requests an extension as a reasonable accommodation to make the program accessible for a person with a disability, and documents the need; OR
    2. Has an enhanced (preservation/opt-out) voucher.
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12. Voucher Suspensions
  • MSHDA has discretionary authority to suspend the issuance period during the 120-day time allotment. Suspension means that the issuance period “stops” for a specified time (generally a maximum of 30 days) and later restarts until the family exhausts the 60/90/120-day time period.
  • For example: a tenant submits a MSHDA 51b form on the 115th day. The suspension commences on the 116th day while the HA evaluates the proposed unit. If the unit cannot contract, the HA cancels the suspension. The tenant has five remaining days to submit another MSHDA 51b for an alternate unit.
  • Do NOT allow suspensions for outgoing portability cases.
  • Upon written family request prior to the voucher issuance deadline (including approved extensions) AND with written RS approval identifying the suspension period, MSHDA will 'suspend' the issuance period in the following situations:
    1. The family provides verification of extenuating circumstances (such as death or illness) which prevents the family from finding a unit within the present issuance period; OR
    2. The family submits a MSHDA 51b form identifying that the unit is not yet available, but will be available soon (the MSHDA 51b shows the available date); OR
    3. The HA inspected the unit and the unit requires repairs. The landlord has repairs in process; however, the landlord will not complete the required repairs by the original voucher expiration date; OR
    4. The family returns an executed MSHDA 51b form late in the extended issuance period. The HA may allow a suspension to follow up on the MSHDA 51b; OR
    5. The family has unusual individual circumstances (i.e. good cause) as discussed with and approved in writing by the RS.
  • The HA must notify the family of any suspension approvals (including the suspension term) via the Application Status form (MSHDA 1634a). Use “Other” box and explain. For example: “MSHDA suspends your voucher issuance period until December 31, 2003.”
  • Note the suspension period on the signed voucher. An updated voucher forwarded to the client is not necessary.
  • A family whose issuance period expires must reapply to an open waiting list to be eligible for assistance.
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13. Check Contract Effective Date
  • Changes that occur during the period between issuance of a voucher and lease up may affect the family’s eligibility or share of the rental payment.
  • The HA must reconfirm family composition and income at HAP Contract execution.
    1. If circumstances have changed, HA must re-verify and recalculate the family’s TTP.
    2. If circumstances have not changed (according to the family), new verifications are not required before signing the HAP Contract.
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14. Tracking Voucher Issuance Periods

The HA must document all vouchers issued and all Rental Unit Information (MSHDA 51b) forms submitted for approval. This data will assist MSHDA and HUD in compiling information regarding market conditions across the state. To document vouchers issued and Rental Unit Information form submissions, the HA must record these events within the Elite database.

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15. Processing the Voucher Issuance Activity

Processing a voucher issuance requires an open voucher slots in the HAs increment allocation.

  • Since opening an issuance record will tie up a voucher slot in the HAs’ increments, HAs may want to record their issuance and expiration records during the same data entry session. This will require waiting until the applicant’s voucher issuance period expires or the applicant finds a unit before entering the information in Elite.

Refer to the Elite Manual for step by step procedures on how to complete data entry of a voucher issuance periods and receipt of Rental Unit Information (MSHDA 51b) forms.

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16. Applicable Forms List
MSHDA Form #
Name of Form
MSHDA 16 Verification of Disability and/or Special Medical Needs
MSHDA 51b Rental Unit Information
MSHDA 77 Supplemental Information
MSHDA 100 Verification of Medical Expenses
MSHDA 147 Family Size Subsidy Decrease
MSHDA 1634a Application Status
MSHDA 1634b Application Denial/Program Termination
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(Effective February 2007)