This Act ensures that disability compensation or pension payments received by veterans are excluded when determining eligibility for low-income housing tax credits and residential rental project bonds.
Linda Sánchez
Representative
CA-38
The Fair Housing for Disabled Veterans Act ensures that veterans' disability compensation or pension payments are excluded when determining income eligibility for low-income housing tax credits and related rental project bonds. This change prevents veterans from being penalized for their service-related benefits when applying for affordable housing assistance. The Act takes effect immediately upon passage.
The newly proposed Fair Housing for Disabled Veterans Act is straightforward: it changes how states calculate income for veterans applying for specific affordable housing programs. Specifically, it mandates that states must ignore any money a veteran receives from disability compensation or pension payments when determining eligibility for the Low-Income Housing Tax Credit (LIHTC) program or residential rental project bonds.
Think of this as a major adjustment to the eligibility math. When states look at a veteran's income to see if they qualify for affordable housing, they currently have to count that disability payment as income. This bill, under Section 2, says stop doing that. It specifically targets payments received under chapters 11 or 15 of title 38 of the U.S. Code—the chapters covering service-connected disability compensation and non-service-connected pension benefits. This change is effective immediately upon the Act becoming law.
For a veteran relying on disability payments, this is huge. Disability compensation is meant to help cover the added costs of living with a service-connected injury, not to serve as a barrier to housing assistance. Under the current rules, a veteran could be just over the income limit for LIHTC housing because of their disability payments, forcing them to spend a larger portion of those critical funds on market-rate rent.
For example, if a veteran’s income is $35,000, and $10,000 of that is disability compensation, the LIHTC program currently sees $35,000. If the income cap for that area is $30,000, they're out. Under this new rule, the state would only count $25,000 ($35,000 minus the $10,000 in disability pay), instantly making that veteran eligible for affordable housing. This frees up their disability funds to be used for the medical care, transportation, or specialized equipment they were intended for, rather than just rent.
This bill directly addresses a common frustration for disabled veterans seeking stable, affordable housing. By excluding these payments, the legislation increases the pool of veterans who can actually access the housing units built with federal tax credits. It acknowledges that disability payments are fundamentally different from earned income. This move simplifies the application process for veterans and, more importantly, provides a clearer path to housing security, ensuring that the benefit designed to support their service-related needs doesn't inadvertently disqualify them from another essential safety net.