Effective: May 2010
All household members must be eligible and approved by the PHA (MSHDA) to receive assistance under the Housing Choice Voucher Program 24 CFR 982.551(h)(2). The composition of the household must be approved by MSHDA. The lease between the owner and the family must contain the names of all persons who will reside in the unit approved for assistance. The Housing Assistance Payment (HAP) Contract is between MSHDA and the owner for the benefit of approved family members. The contract unit may only be used for residence by the PHA-approved household members. 24 CFR 982.551(h)(1)
Any person not included on the lease who resides in the rental unit 14 or more consecutive days without MSHDA approval, or a total of 30 days in a 12-month period, is considered to be living in the unit as an unauthorized household member. Statements from neighbors, the landlord, DHS workers, copies of police reports, or other documentation would be considered in making the determination that a person is residing in the unit.
Absence of evidence of any other address is considered verification that the visitor/guest is a member of the household. Further, use of the unit address as the visitor/guest’s current residence for any purpose not explicitly temporary, i.e. voter’s registration, driver’s license, vehicle registrations, etc., is construed as evidence of permanent residence.
The burden of proof that the individual is a visitor rests on the family. In the absence of such proof, the individual is considered an unauthorized member of the household and the rental assistance must be terminated.
In a joint custody arrangement, if the minor is in the household less than 180 days per year, the minor is considered an eligible visitor and not a family member. Such individual must not be counted as a member of the family for voucher size determination, and no dependent allowance is awarded.
Additions to the family composition will only be approved if the family makes a written request and receives written approval from the landlord and MSHDA for the individual to be added to the household. Please see Chapter IX, Interim Re-examinations for additional information on additions to the household.
All changes in family composition, including absences, must be reported in writing within 14 days to the HA.