A non-employment affidavit is a sworn, notarized statement in which you declare that you are not currently working. Housing agencies, family courts, and benefit programs use it to verify that you have no earned income before approving assistance, adjusting a support order, or determining eligibility. Because you sign it under oath, false information on the form can lead to federal criminal charges.
When You’ll Be Asked to Sign One
The most common trigger is an affordable or subsidized housing application. Property managers and housing finance agencies need written proof that a tenant or applicant has no employment income so they can correctly calculate household income for eligibility. If you live in a tax-credit or government-assisted property and are not working, expect to complete one at move-in and again at each annual recertification.
Family courts rely on these affidavits during child support or alimony modification proceedings. If you lose your job and want to request a reduction in your monthly obligation, a completed affidavit paired with proof such as a termination letter or layoff notice supports your motion to modify the existing order.
Agencies administering food assistance and cash aid evaluate employment status and household income, and a sworn affidavit is one way to document your situation when you have no pay stubs or employer verification to provide. Hospitals and medical providers sometimes request a similar declaration when qualifying patients for charity care or reduced-fee programs.
Non-Employment Affidavit vs. Zero-Income Affidavit
These two documents sound similar but say different things, and submitting the wrong one can delay your application. A non-employment affidavit declares only that you are not currently working at a job. You might still receive Social Security, disability payments, a pension, child support, or investment income, and the form asks you to disclose those sources so the agency can calculate your total household income accurately.
A zero-income affidavit goes further. By signing it, you certify that you receive no income of any kind: no wages, no government benefits, no rental income, no dividends, no alimony, and no regular gifts from household members. Housing agencies often require this stricter version when a household member over 18 is not enrolled in school and reports no money coming in at all. If you receive any income, even a small Social Security check, the zero-income version is not the right form for you. Signing it anyway creates a false sworn statement.
How to Fill Out the Form
There is no single universal version. The form you use will come from the specific agency, court, or property manager that requested it. Housing authorities typically supply their own template, courts provide financial disclosure packets that include an employment-status section, and benefit agencies have their own intake forms. Get the correct version from whichever organization needs it rather than downloading a generic template.
Personal Information
Every version asks for your full legal name and the date. Many also request your Social Security number for identity verification. Use the exact name that appears on your government-issued ID to avoid processing delays. If the form asks for a property name or case number, have that information ready before you start.
Employment Status and Income
The core of the form is a declaration about your current work situation. Some versions ask you to select a category that best describes your status: unemployed with no prospect of work in the next twelve months, unemployed but expecting to start a job soon, or unable to work due to a medical condition. If you have been offered or promised a job, the form may ask for the anticipated start date, job type, hourly wage, and expected weekly hours.
Even though you are declaring non-employment, most forms require you to disclose any non-wage income. Common examples include Social Security payments, disability benefits, unemployment insurance, pensions, alimony, child support, rental income, and investment dividends. List every source and the monthly amount. Omitting a source, even a small one, counts as a material misstatement on a sworn document. If you receive government benefits, be prepared to attach verification documents such as award letters.
Some forms also ask how you intend to meet daily living expenses if you report no income and no employment. A short, honest answer is fine: support from a spouse, savings, help from family, or a pending benefit application.
Do Not Sign Until You Are With a Notary
Do not sign or date the form until you are in front of a notary public. The notary needs to witness your signature in person, or through an approved video session for remote notarization. If you sign early, the notary cannot perform the required verification, and you will need to start over with a blank form.
Getting the Form Notarized
The notary’s job is to confirm your identity, administer an oath or affirmation, and witness your signature.
What to Bring
Bring the completed but unsigned affidavit and a current government-issued photo ID. A state driver’s license, state ID card, or U.S. passport all work. Some notaries also accept a U.S. military ID or a tribal identification card. The ID must not be expired, though some jurisdictions accept IDs expired within the last three years.
The Notarization Process
The notary compares your face to the photo on your ID and confirms that the name on the ID matches the name on the affidavit. The notary then administers an oath or affirmation, a verbal statement in which you swear or affirm that the contents of the document are true. You sign the affidavit while the notary watches. The notary signs, dates, and stamps the document with an official seal, which is what gives it legal force.
Notary fees vary by state, from as little as $2 per notarial act to $25 in some states, with a handful setting no maximum at all. Banks, credit unions, and shipping stores commonly offer notary services, and your bank may notarize documents for free if you hold an account there.
Remote Online Notarization
If getting to a notary in person is difficult, remote online notarization (RON) is authorized in 47 states and the District of Columbia.1National Association of Secretaries of State. Remote Electronic Notarization During a RON session you connect with a commissioned notary over a live video call, present your ID on camera, and sign the document electronically. The notary applies a digital seal. Fees for RON sessions are typically higher than in-person notarization because the service includes identity verification technology. Before scheduling one, confirm with the agency requesting your affidavit that it accepts remotely notarized documents; a small number of courts and programs still require traditional ink signatures.
When Notarization May Not Be Required
For matters involving federal agencies, an alternative exists. Federal law allows you to substitute a notarized affidavit with an unsworn written declaration signed under penalty of perjury, as long as you include specific language: “I declare under penalty of perjury that the foregoing is true and correct,” followed by the date and your signature.2Office of the Law Revision Counsel. 28 USC 1746 Unsworn Declarations Under Penalty of Perjury This does not apply to state courts or state housing agencies unless they have adopted a similar rule. When in doubt, get the document notarized. No agency will reject a notarized version in favor of an unsworn one.
Filing and Keeping Proof
Once the affidavit is notarized, deliver it to whichever agency or court requested it. The submission method depends on the organization.
- Hand delivery is the most straightforward option. Drop the form off at a clerk’s office or property management office and ask the person who receives it to date-stamp your copy on the spot.
- If you are mailing the affidavit, use certified mail with a return receipt requested. The return receipt gives you a signed confirmation that the document arrived and a tracking number for your records.
- Some agencies and courts accept uploads through secure online portals. If you used remote online notarization, the electronically notarized PDF can often be submitted digitally without printing.
Regardless of how you submit, request a conformed copy: an exact duplicate of your filed document stamped by the clerk with the date and time of filing.3Cornell Law Institute. Conformed Copy Keep this copy in your records. If the agency later claims it never received your paperwork, the conformed copy is your proof.
Reporting Changes After You File
Filing a non-employment affidavit is not a one-time event. If you find a job or start receiving new income after submitting the form, you are generally required to report the change to the agency holding the affidavit. Benefit programs typically require reporting a new job or a significant increase in income within ten days of the change, though specific deadlines vary by program and jurisdiction. Failing to update your status can result in overpayment recovery, benefit termination, or fraud charges.
For housing, many property managers require a new income certification whenever your employment status changes mid-lease. In child support cases, a change in income in either direction can be grounds for either party to request a modification of the existing order.
Penalties for False Statements
Because you sign the affidavit under oath or under penalty of perjury, knowingly providing false information is a serious crime. Under federal law, perjury carries a prison sentence of up to five years, a fine of up to $250,000, or both.4Office of the Law Revision Counsel. 18 USC 1621 Perjury Generally5Office of the Law Revision Counsel. 18 USC 3571 Sentence of Fine A separate federal statute makes it a crime to submit a false statement to any federal agency, with the same five-year maximum prison term.6Office of the Law Revision Counsel. 18 USC 1001 Statements or Entries Generally State perjury laws carry their own penalties and apply when the affidavit is filed with a state court or agency.
The practical consequences are immediate. A housing authority that discovers you were working while claiming non-employment can terminate your lease for a material breach. A court can hold you in contempt and reverse any support modification based on the false affidavit. A benefits agency can demand repayment of every dollar you received while ineligible. The affidavit is a short form, but the commitment you make by signing it is not.