Hudvash is a housing voucher for veterans. Bah is basic allowance for housing. While many individuals, including some veterans and typically HUD, the bah for gibill and maybe vocrehab is included. But is this true?
The HUD program references that bah is included in the income calculation for the hudvash program. VA disability is also included in the gross income calculation, but for rent payment purposes. They take 30 percent of your monthly compensation, and pay the difference to the rent. So 100%pt x30% is about 1145-1160 at cap.
The policy for hud is here:
But is it true that HUD "must" include bah in the calculation? It isn't a double subsidy as it clearly states, but the rule says more than that. The rule in the code that is referenced in 24 cfr 5.609 b9 i and ii emphasizes how bah may be excluded entirely.
www.ecfr.gov
Part b shows the categories which are excluded from income calculations
All items from 9-28 all seem to support the notion that BAH is COMPLETELY AND ENTIRELY excluded from calculation within the hudvash program especially 12 iv.
When I called hud, the had question marks buzzing, and said simply that we don't know, we don't have the code and we can't look at that right now. They also said "it sounds like your contesting the regulations, we can't help you with that." Which is a fishy response not to look at the code.
The regulations also specifically states how benefits received for rooms and board are excluded as well. But HUD said this is only pertaining to financial aid, that only compensation given under the financial aid program are excluded. But then what about 12 iv?
BAH may also be protected under the higher education act and public policy 102 and 110, fair housing act, 20 usc, 26 usc, 38 usc 1521, 49 cfr part 24 (if bah will be used as a gap fund to move from one location to another which the va instructs veterans to do if they're moving), and the reasonable needs and interests of veterans. It is not double subsidizing, why is it still being calculated at HUD for the hudvash program?
This is why it is still calculated. If a veteran has no income, but only VA disability, they seek to penalize veterans for using their education benefits BAH. But the programs is merely called basic allowance for housing and is required to be used in order to do other actions the veteran may require such as obtaining a laptop, transportation to and from school, moving closer to school or to another school for transfer, and other necessities which veterans encounter in life that are commensurate with costs and liabilities under the same category as colleges' "room and board" policies and procedures. So when they do their calculation, that is included in the amount of which they take 30 percent of the total monthly compensatory amount, and then they pay the remainder. But the policy seems to show that they must take 30% of a calculation excluding BAH into the income requirement.
Veterans, write your complaints, speak to your representatives, reach out to your advocates. If my rent with my disability is capped at 1160, and california rent is 2000, should we give half our bah as well just because we want to go to school?
I don't want to take advantage by being fraudulent, yet the law isn't fraudulent. If the law shows that bah is not calculated, HUD needs to leave veterans education benefits alone in its entirety. But it still seeks to give these tax subsidies and government grants to renters to house veterans, while taking from veterans to cover its losses and costs especially in california. If I give up all this bah o hud, how can I save to get my own personal home or buy my own house with VA loan or construction loan?
Eventually, I might want to build a 4plex with my va construction loan then later sell it for capital gains and repeat while that is still my primary residence. But I can't save if hud is looking to take my disability and my BAH.
These programs are penalizing veterans for trying to get out of the system, and it's not right. But if this is a legal infraction, can veterans look into damages?
Your thoughts and advice or support for this are welcomed.
The HUD program references that bah is included in the income calculation for the hudvash program. VA disability is also included in the gross income calculation, but for rent payment purposes. They take 30 percent of your monthly compensation, and pay the difference to the rent. So 100%pt x30% is about 1145-1160 at cap.
The policy for hud is here:
But is it true that HUD "must" include bah in the calculation? It isn't a double subsidy as it clearly states, but the rule says more than that. The rule in the code that is referenced in 24 cfr 5.609 b9 i and ii emphasizes how bah may be excluded entirely.
Federal Register :: Request Access
www.ecfr.gov
Part b shows the categories which are excluded from income calculations
All items from 9-28 all seem to support the notion that BAH is COMPLETELY AND ENTIRELY excluded from calculation within the hudvash program especially 12 iv.
When I called hud, the had question marks buzzing, and said simply that we don't know, we don't have the code and we can't look at that right now. They also said "it sounds like your contesting the regulations, we can't help you with that." Which is a fishy response not to look at the code.
The regulations also specifically states how benefits received for rooms and board are excluded as well. But HUD said this is only pertaining to financial aid, that only compensation given under the financial aid program are excluded. But then what about 12 iv?
BAH may also be protected under the higher education act and public policy 102 and 110, fair housing act, 20 usc, 26 usc, 38 usc 1521, 49 cfr part 24 (if bah will be used as a gap fund to move from one location to another which the va instructs veterans to do if they're moving), and the reasonable needs and interests of veterans. It is not double subsidizing, why is it still being calculated at HUD for the hudvash program?
This is why it is still calculated. If a veteran has no income, but only VA disability, they seek to penalize veterans for using their education benefits BAH. But the programs is merely called basic allowance for housing and is required to be used in order to do other actions the veteran may require such as obtaining a laptop, transportation to and from school, moving closer to school or to another school for transfer, and other necessities which veterans encounter in life that are commensurate with costs and liabilities under the same category as colleges' "room and board" policies and procedures. So when they do their calculation, that is included in the amount of which they take 30 percent of the total monthly compensatory amount, and then they pay the remainder. But the policy seems to show that they must take 30% of a calculation excluding BAH into the income requirement.
Veterans, write your complaints, speak to your representatives, reach out to your advocates. If my rent with my disability is capped at 1160, and california rent is 2000, should we give half our bah as well just because we want to go to school?
I don't want to take advantage by being fraudulent, yet the law isn't fraudulent. If the law shows that bah is not calculated, HUD needs to leave veterans education benefits alone in its entirety. But it still seeks to give these tax subsidies and government grants to renters to house veterans, while taking from veterans to cover its losses and costs especially in california. If I give up all this bah o hud, how can I save to get my own personal home or buy my own house with VA loan or construction loan?
Eventually, I might want to build a 4plex with my va construction loan then later sell it for capital gains and repeat while that is still my primary residence. But I can't save if hud is looking to take my disability and my BAH.
These programs are penalizing veterans for trying to get out of the system, and it's not right. But if this is a legal infraction, can veterans look into damages?
Your thoughts and advice or support for this are welcomed.