HOTMA was signed into law on July 29, 2016 (Public Law 114–201, 130 Stat. 782). The HOTMA statute consists of 14 sections of law that affect the Public Housing and Section 8 rental assistance programs. On September 17, 2019, HUD issued a proposed rule to update its regulations according to HOTMA’s statutory mandate. The proposed rule may be found at 84 FR 48820 (September 17, 2019). Sections 102 and 104 of HOTMA make sweeping changes to the United States Housing Act of 1937 (1937 Act), particularly those affecting income calculations and reviews. Section 102 changes requirements related to income reviews for Public Housing and Section 8 programs. Section 104 sets maximum asset limits for Public Housing and Section 8 applicants and participants.
HAMC has updated our Administrative Plan to be in compliance with the HOTMA Changes. Participants and applicants may view the changes the HAMC has implemented regarding Interim Certifications (Change Reports), income and assets, by visiting our Administrative Plan and reviewing the following chapters:
Changes will go into effective with the July 1, 2025 Annual Recertifications and Interim Certifications that will be processed and effective July 1, 2025.
https://maricopahousing.org/wp-content/uploads/2025/01/Administrative-Plan-Revised-12.18.2024.pdf
| Chapter | Subject |
| 3.12 | Cure of non-compliance (HOTMA) |
| 3.13 | Definition of a Person with a Disability Under Federal Civil Rights Laws |
| 5.1 | Qualifications for Admission |
| 5.3 | Family Definition |
| 5.3.4 | Foster Adult |
| 5.3.5 | Foster Child |
| 6.1 | Jointly owned assets, |
| 6.1.1 | Earned Income |
| Day Laborer | |
| Independent Contractor | |
| Seasonal Worker | |
| 6.1.2 | Unearned Income |
| 6.2 | Replace 6.2 EID Policy with Non-Recurring Income |
| Excluded Income | |
| 6.3 | Definition of Income |
| Asset owned by business entity | |
| 6.4 | Net Family Assets |
| 6.5 | Asset Limitations; |
| 6.6.1 | Actual Income |
| 6.7 | Imputing Income from Assets |
| 6.7.1 | Passbook Rate |
| 6.15 | Real Property, Personal Property, Other Capital Investments |
| 6.15.1 | Trusts |
| 6.15.2 | Trusts as Net Family Assets |
| 6.15.3 | Actual Income from a Trust |
| 6.15.4 | Trust Distributions and Annual Income |
| 6.16 | Exemptions to the Real Property Restriction in the Asset Limitation |
| 6.17 | Suitability of Real Property for Occupancy |
| 6.18 | Necessary and Non-Necessary Personal Property |
| 6.19 | Assets with negative equity |
| 6.21 | Excluded Assets; |
| 6.22 | 6.22- Deductions from Income |
| Consumer Price Index–Urban Wage Earners and Clerical Workers (CPI–W) | |
| Unreimbursed Health and Medical Care Expenses and Reasonable Attendant Care and Auxiliary Apparatus Expenses Deduction | |
| Unreimbursed Reasonable Attendant Care and Auxiliary Apparatus Expenses | |
| Phased-In Relief | |
| Phased-in Relief Timing Table | |
| Phased-in Relief Outcomes According to Family’s Status in Program for Multifamily Housing Program | |
| General Relief | |
| Child-Care Expenses Deduction and Hardship Exemption to Continue Child-Care Expenses Deduction | |
| Policy for Determination of the Family’s inability to Pay Rent | |
| Allowable Childcare Activities and Expenses | |
| Family Notification of Hardship Exemption | |
| Extension of Hardship Exemption for Additional 90-Day Period(s) | |
| Additional (Permissive) Deduction | |
| 6.27 | Minimum Rent and Hardship Exemptions |
| Hardship Exemptions for Health and Medical Care Expenses and Reasonable Attendant Care and Auxiliary Apparatus Expenses | |
| 10.1 | Authorization for the Release of Information (Form HUD–9886) |
| 10.1.1 | Timing of Completing Form HUD–9886 |
| 10.1.2 | Revocation of Consent |
| 10.2 | Methods of Verification |
| Mandatory and Discretionary Use of EIV | |
| 10.3.1 | Lack of Social Security Documentation |
| 10.5 | Verification of Income |
| Zero Income Verification | |
| 10.6 | Verification of Assets |
| 11.1 | Annual Re-Certifications |
| Reexamination (Streamlined Income Determinations) | |
| 11.2 | Interim Re-Certifications |
| Overview of Calculating Annual Income at Annual Reexamination | |
| 11.3 | Interim Recertifications |
| Interim Changes to Family Circumstances | |
| Interim Changes Not Reported Timely | |
| Interim Re-certification Effective Dates | |
| 11.3.1 | Interim Reexamination for Decrease in Adjusted Income |
| 11.3.2 | Interim Reexamination for Increase in Adjusted Income |
| 11.3.3 | Interim Reexamination for Decrease in Family Size |
| 11.3.4 | Non-Interim Transaction for Decrease in Family Size |
| 11.7 | Special Considerations for Terminating Assistance or Evicting Families for Non-Compliance with the Asset Limitation |
| 14.1 | Mandatory Denial or Termination |
| 17.7 | HOTMA Changes That Impact FSS Programs – Interim Reexaminations |
| 19.21 | Special Considerations for Terminating Assistance or Evicting PBV Families for Non-Compliance with the Asset Limitation |
| Appendix C | Exclusions from Net Family Assets |
| Appendix D | Income Exclusion Definitions |
| Appendix E | Consumer Price Index – Urban Wage Earners And Clerical Workers (CPI-W) Items |
