Counting Unborn Child for Income Eligibility Purposes

February 4, 2009
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Should the property manager of a tax credit housing site count a couple’s unborn child as a family member because the child will become part of the household in the next 12 months?

Yes, however, you should only count the unborn child towards the income limit for income eligibility purposes, according to affordable housing consultant, Elizabeth Moreland, an expert in HUD rules. However, for purposes of the Fair Housing Act, 42 US §3601 et seq., you can neither force the household to count the unborn child for occupancy size nor force the household to move to another unit if the family prefers not to. Moreland says that forcing such a move may place a financial burden on the family.