Housing Public Charge

[worldstogether 0]

Does Section 42 housing (where government subsidizes builders so people can have affordable housing) count as a public charge?

 

You don't receive any government assistance, unlike Section 8. 

 

Thank you.

[Villanelle 4,122]

Section 42 is also known as the Low-Income Housing Tax Credit (LIHTC) which is NOT considered public benefits.  If you want some kind of official source to print out or refer to (if you are nervous they will reject you over this) you can use this page- https://www.federalregister.gov/documents/2019/08/14/2019-17142/inadmissibility-on-public-charge-grounds  This is a very long document. You can use your browsers "find" feature to search for LIHTC in the document. It will show 2 results one of which I quoted below. 

 

Response: This rule does not include LIHTC housing, Section 515 rural housing, and Section 514/516 farm labor housing as public benefits. Further, although the rule may affect whether individuals apply for housing, the rules does not change the eligibility requirements for any public benefit. DHS also notes that under 20 CFR 655.122(d)(1), the employer must provide housing at no cost to the H-2A workers (temporary workers performing agricultural services), and those workers in corresponding employment who are not reasonably able to return to their residence within the same day. Further, under 20 CFR 655.122(d)(4), if public housing provided for migrant agricultural workers under the auspices of a local, county, or State government is secured by the employer, the employer must pay any charges normally required for use of the public housing units directly to the housing's management. DHS would not consider such housing under the definition of public benefit as the employer is required by regulation to pay for any associated costs.

[worldstogether 0]

Thank you!