Does the non-citizen rule apply to families who choose flat rents?
A5: Yes, the non-citizen rule is applicable to everyone. 24 CFR Part 5, 960.253 states that “Mixed families (those that include both citizens/eligible immigrants and noncitizens/noneligible immigrants) will not have assistance prorated if they choose to pay the flat rent, and the flat rent is greater than the public housing maximum rent as referenced in 24 CFR Part 5.520.” If the flat rent is less than the public housing maximum rent, rent is prorated in accordance with the method described in 24 CFR Part 5.520 (d), however, it is expected that in most cases the flat rent will be greater than the public housing maximum rent, so proration will not be necessary.
