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Agenda Packet_2025-07-15
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Agenda Packet_2025-07-15
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7/15/2025
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EXHIBIT 1 <br />3-II.E. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION <br />[24 CFR 5.612, FR Notice 4/10/06, FR Notice 9/21/161 <br />Section 327 of Public Law 109-115 and the implementing regulation at 24 CFR 5.612 <br />established restrictions on the eligibility of certain students (both part- and full-time) who are <br />enrolled in institutions of higher education. <br />If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, <br />is not married, does not have a dependent child, and is not a person with disabilities receiving <br />HCV assistance as of November 30, 2005, the student's eligibility must be examined along with <br />the income eligibility of the student's parents. In these cases, both the student and the student's <br />parents must be income eligible for the student to receive HCV assistance. If, however, a student <br />in these circumstances is determined independent from their parents in accordance with PHA <br />policy, the income of the student's parents will not be considered in determining the student's <br />eligibility. <br />The law does not apply to students who reside with parents who are applying to receive HCV <br />assistance. It is limited to students who are seeking assistance on their own, separately from their <br />parents. <br />Definitions <br />In determining whether and how the eligibility restrictions apply to a student, the PHA will rely <br />on the following definitions [FR Notice 4/10/06, FR Notice 9/21/16]. <br />Dependent Child <br />In the context of the student eligibility restrictions, dependent child means a dependent child of a <br />student enrolled in an institution of higher education. The dependent child must also meet the <br />definition of dependent in 24 CFR 5.603, which states that the dependent must be a member of <br />the assisted family, other than the head of household or spouse, who is under 18 years of age, or <br />is a person with a disability, or is a full-time student. Foster children and foster adults are not <br />considered dependents. <br />Independent Student <br />SAHA Policy <br />SAHA will consider a student "independent" from their parents and the parents' income <br />will not be considered when determining the student's eligibility if the following four <br />criteria are all met: <br />The individual is of legal contract age under state law. <br />The individual has established a household separate from their parents for at least <br />one year prior to application for occupancy or the individual meets the U.S. <br />Department of Education's definition of independent student. <br />To be considered an independent student according to the Department of <br />Education, a student must meet one or more of the following criteria: <br />The individual is at least 24 years old by December 31 of the <br />award year for which aid is sought <br />Page 3-16 Administrative Plan 7/l/2025 <br />City Council 5 — 105 7/15/2025 <br />
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