Income from Civil Rights Structured Settlements Does not Disqualify Housing Assistance

John Darer
March 27, 2023

Income Excluded Whether Structured or Received in Lump Sum

Major New Federal Regulatory Development Benefits Settlement Recipients

The National Structured Settlements Trade Association (NSSTA) announced a major new federal regulatory development that establishes the ability to receive a structured settlement without jeopardizing housing assistance provided by the federal government. In 2019, John McCulloch with IFS led the effort with NSSTA and the American Association of People with Disabilities (AAPD) to encourage the Department of Housing and Urban Development (HUD) to add new income exclusion language to the “Housing Opportunity Through Modernization Act.”

The United States Department of Housing and Urban Development, (HUD) announced it now excludes from income any amounts a family may receive from civil rights settlements or judgments regardless of how the settlement or judgment is structured. This reflects the fact that sometimes settlements or judgments of this nature are not lump-sum payments but instead may have a payment schedule. Families no longer have to choose between financial security and having a roof over their heads.

What is the Department of Housing and Urban Development (HUD)?

The United States Department of Housing and Urban Development (HUD) is one of the executive departments of the U.S. federal government. It administers federal housing and urban development laws. It is headed by the Secretary of Housing and Urban Development, who reports directly to the President of the United States and is a member of the president’s Cabinet.

What is Section 8?

Section 8 of the Housing Act of 1937 (42 U.S.C.§ 1437f), as amended, authorizes the payment of rental housing assistance to private landlords on behalf of low-income households in the United States. 68% of total rental assistance in the United States goes to seniors, children, and those with disabilities.] The U.S. Department of Housing and Urban Development manages Section 8 program.