Household of Full-Time Student(s) Prohibition

According to the Regulatory Agreement, “a household comprised of a full-time student or students shall not qualify as a Family except as permitted under the Low-Income Housing Tax Credit Program, Internal Revenue Code Section 42(i)(3)(D).”

In the Information Packets and Program Applications provided by SEB, there should be language to addresses this prohibition. The language will be similar to the following:

A household comprised entirely of full-time students is NOT allowed to lease an affordable unit unless it meets one of five exceptions:

1. A married couple who are full time students who file a join tax return
2. Single parents and their children and such parents are not dependents of another individual and such children are not dependents of anyone other than the parent in the household
3. A single person household who is a full-time student who is enrolled in a job training program receiving assistance under the Job Training Partnership Act or under other similar Federal, State or local laws.
4. A single person household who is a full-time student who receives assistance under Title IV of the Social Security Act.
5. A single person household who is a full-time student who was previously under the care and placement responsibility of the State agency responsible for administering a plan under part B or part E of title IV of the Social Security Act.

Q: What is the definition of a “full-time student”?

A: A “student” is an individual who is or will be a full-time student at an educational organization for 5 of the months in the 12-month lease-term. The 5 months need not be consecutive. The determination of student status as full or part-time should be based on the criteria used by the educational institution the student is attending. The term “educational organization” includes elementary schools, junior and senior high schools, colleges, universities, and technical, trade and mechanical schools. It does not include on-the-job training courses.

Q: If I am a single parent who is a full-time student, can I qualify for an affordable unit?

A: If you are not listed as a dependent on anyone else’s taxes AND your child is listed as a dependent on your taxes, then you would qualify for an affordable unit.

If your child is listed as a dependent on some else’s taxes, you would not qualify for an affordable unit.

If you are listed as a dependent on someone else’s taxes, you would not qualify for an affordable unit.

Q: If we are a recently married couple who are full-time students who have not yet filed our taxes, can we qualify for an affordable unit?

A: Yes, but you would need to provide your marriage certificate to verify your marital status.