Contributions greater than 40% are now permissible by those in assisted living receiving vouchers, according to Notice PIH 2012-40: Assisted Living Units in the Housing Choice Voucher (HCV) Program, which implements changes that were advocated for by LeadingAge as part of the Section 202 reform bill passed in 2010.
This is consistent with provisions that have been used successfully in Michigan each year.
According to the notice, certain provisions within Section 302 of the Section 202 Supportive Housing for the Elderly Act of 2010 (Public Law 111-372). Section 302, Monthly Assistance Payment under Rental Assistance, allow a public housing authority (PHA) to require a family to pay more than 40% of its monthly adjusted income for a unit in an assisted living facility if the amount or percentage is reasonable given the services and amenities provided by the assisted living facility and as the secretary deems appropriate.
The notice describes the waiver authority and process to be used to allow a family with a voucher to lease an assisted living unit that would otherwise be disapproved because the family share would exceed 40 percent of monthly adjusted income.
HUD will review such requests on a case-by-case basis and may grant the waiver if HUD determines the request demonstrates good cause.
Generally, HUD would expect that such requests would not result in the family share exceeding 70% of the family’s adjusted income.