Cindi Ali participates in the Section 8 housing choice voucher program, a federal program administered by the Scott County Community Development Agency. Ali has a developmentally disabled child and also participates in a state program known as the Consumer Directed Community Supports (CDCS) program. Her child is eligible for home and community-based services through the Developmental Disabilities waiver.

The County determined that the money that Ali receives for care that she personally provides for her child (the parent-allocated portion) must be included when calculating her household’s annual income for purposes of determining eligibility for the Section 8 program under 24 C.F.R. § 5.609 (2018). Ali challenged that determination. A hearing officer determined that the parent-allocated portion of the CDCS benefits constitutes annual income under the federal regulation for purposes of the Section 8 program. The court of appeals affirmed.

On appeal to the supreme court, the issue presented is whether 24 C.F.R. § 5.609(c)(16) excludes, for purposes of calculating a family’s Section 8 household annual income, the parent-allocated portion of the CDCS benefits. (Scott County Community Development Agency)