Public Housing Overincome Limit
(HOTMA Section 103)

Section 103 of HOTMA establishes an income limitation for continued occupancy in public housing. The statute requires that after a family’s income has exceeded the over-income limit for two consecutive years or 24 consecutive months(the “grace period”), a PHA must either terminate the family’s tenancy within six months or charge the family the alternative non-public housing rent (alternative rent).

Public Housing Overincome Limit

Section 103 of HOTMA establishes an income limitation for continued occupancy in public housing. The statute requires that after a family’s income has exceeded the over-income limit for two consecutive years or 24 consecutive months(the “grace period”), a PHA must either terminate the family’s tenancy within six months or charge the family the alternative non-public housing rent (alternative rent).

HOTMA Webinar - Implemenation of Section 103

Resource Links

Recent HUD Communications

Section 103

PHA Director Emails

Email to PHA Executive Directors-Update on HOTMA Implementation – July 18, 2023

Reports

Last updated: April 30, 2024

CY 23 Public Housing Over-Income Families and Waiting-Lists Report
The data provided by PHAs is current as December 31^stof the reporting year.
CY24 Per Unit Subsidy by AMP
(Last Updated July 9, 2024)
PHAs will use this report to help establish the alternative rents for the stated calendar year for Non-Public Housing Over-Income (NPHOI) Families.

Recent PIH Notices

Updated November 2, 2023

Notice: PIH-2023-03 - Supplemental Guidance for Implementation of Section 103; Limitation on Public Housing Tenancy for Over-Income Families under the Housing Opportunity Through Modernization Act of 2016 (HOTMA)

Archived Links

Section 103

Housing Opportunity Through Modernization Act of 2016: Re-Opening Public Comment Period on Subject of Over Income Families
Notice: PIH: 2019-11 - Final Implementation of Public Housing Over-Income Limit under the Housing Opportunity Through Modernization Act of 2016 (HOTMA)
Solicitation of Comments on Implementation of Public Housing Income Limit - Published July 29, 2016 (FR–5976–N–02)
Final Implementation of Public Housing Income Limit - Published July 26, 2018 (FR-5976-N-07)
HUD’s Income Limits (Updated Annually)
Final Recording of the Training on the Public Housing Over Income Limit (YouTube)
Proposed HOTMA Income Rule - Published September 17, 2019 (84 FR 48820) - Public Comments was Due: November 18, 2019
Final Rule Implementation HOTMA Sections 102. 103, and 104. The rule was officially published in the Federal Register on February 14, 2023 (88 FR 9600). PHAs have until January 1, 2024, to implement the broader income and asset changes in Sections 102 and 104. For PHAs that administer the Public Housing program, the rule includes new Public Housing over-income provisions in Section 103 that become effective March 16, 2023. If implementation of these provisions requires a significant amendment, PHAs are required to complete all relevant PHA Plan changes. PHAs have until June 14, 2023 to implement fully all over-income requirements in the rule.

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Public Housing Captial and Operating Fund

Recent HUD Communications

PHA Director Emails

Reports

Last updated: April 30, 2024

Recent PIH Notices

Updated November 2, 2023

Section 103

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