Nationwide Expansion of SSI Rental Subsidy Rules to Take Effect in September 2024

The Social Security Administration finalizes a rule to unify how rental subsidies affect SSI benefits across the United States.

MORRISTOWN, NJ - The Social Security Administration (SSA) has announced a significant policy change that will standardize the treatment of rental subsidies for Supplemental Security Income (SSI) applicants and recipients across the nation. Starting September 30, 2024, a uniform rule concerning "business arrangements" for rent payments will be applied, expanding a previously limited exception to all states.

SSI, a program that aids adults and children with disabilities or blindness, as well as adults over the age of 65, requires recipients to meet specific income and resource thresholds. Currently, these include cash, property, and both "earned" and "unearned" income types, the latter encompassing in-kind items and rental payments.

Historically, rental subsidies—or in-kind support and maintenance (ISM)—were evaluated differently across states. Recipients were considered to receive ISM when the rental amount paid was less than the current market rental value (CMRV), potentially reducing their SSI benefit. This ruling often complicated the benefit calculation and varied by location due to disparate court rulings and regional policies.

With the finalization of this rule, a "business arrangement" now exists when a recipient's rent meets or exceeds the presumed maximum value (PMV), rather than the CMRV. This change simplifies the calculation, as it disregards the market rent prices, focusing instead on a uniform PMV across the country.

This adjustment arose from the need to streamline the application of SSI rules, following the SSA's strategic plan aimed at simplifying procedures and ensuring equal treatment in rental assistance. The revised rule reflects a shift toward considering the actual economic benefits received by SSI applicants, a concept upheld by several court decisions that influenced the new policy.

As a result, all SSI recipients who meet the PMV criterion with their rental payments will no longer have the difference counted as ISM, potentially increasing their monthly SSI payment. This change is expected to enhance the consistency and fairness of SSI benefit calculations nationwide, aligning with broader goals of equality and efficiency within the SSA's administration.