What are housing choice vouchers?
The housing choice voucher program—also known as Section 8—is the federal government's major program for assisting very low-income families, the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market. Section 8 refers to Section 8 of the Housing Act of 1937—a federal statute located in the United States Code at 42 U.S.C. §1437f.
Since housing assistance is provided on behalf of the family or individual, participants are able to find their own housing, including single-family homes, townhouses, and apartments. The participant is free to choose any housing that meets the requirements of the program and is not limited to units located in subsidized housing projects.
Housing choice vouchers are administered locally by public housing agencies (PHAs). The PHAs receive federal funds from the U.S. Department of Housing and Urban Development (HUD) to administer the voucher program.
A family that is issued a housing voucher is responsible for finding a suitable housing unit of the family's choice where the owner agrees to rent under the program. This unit may include the family's present residence. Rental units must meet minimum standards of health and safety, as determined by the PHA.
A housing subsidy is paid to the landlord directly by the PHA on behalf of the participating family. The family then pays the difference between the actual rent charged by the landlord and the amount subsidized by the program. Under certain circumstances, if authorized by the PHA, a family may use its voucher to purchase a modest home.
Am I eligible?
Eligibility for a housing voucher is determined by the PHA based on the total annual gross income and family size and is limited to U.S. citizens and specified categories of non-citizens who have eligible immigration status.
In general, the family's income may not exceed 50% of the median income for the county or metropolitan area in which the family chooses to live. By law, a PHA must provide 75 percent of its vouchers to applicants whose incomes do not exceed 30 percent of the area median income. Median income levels are published by HUD and vary by location. The PHA serving your community can provide you with the income limits for your area and family size.
During the application process, the PHA will collect information on family income, assets, and family composition. The PHA will verify this information with other local agencies, your employer, and your bank—and will use the information to determine program eligibility and the amount of the housing assistance payment.
If the PHA determines that your family is eligible, the PHA will put your name on a waiting list, unless it is able to assist you immediately. Once your name is reached on the waiting list, the PHA will contact you and issue you a housing voucher.
How do I apply?
If you are interested in applying for a voucher, contact the PHA. For further assistance, contact the HUD Office nearest to you.
Local preferences and waiting list—what are they and how do they affect me?
Since the demand for housing assistance often exceeds the limited resources available to HUD and the local housing agencies, long waiting periods are common. In fact, a PHA may close its waiting list when it has more families on the list than can be assisted in the near future.
A PHA may establish local preferences for selecting applicants from its waiting list. For example, a PHA may give a preference to a family who is:
• homeless or living in substandard housing;
• paying more than 50% of its income for rent; or
• involuntarily displaced.
Families who qualify for any such local preferences move ahead of other families on the list who do not qualify for any preference. Each PHA has discretion to establish local preferences to reflect the housing needs and priorities of its particular community.
Housing vouchers—how do they function?
The housing choice voucher program places the choice of housing in the hands of the individual family. A very low-income family is selected by the PHA to participate and is encouraged to consider several housing choices to secure the best housing for the family’s needs. A housing voucher holder is advised of the unit size for which it is eligible based on family size and composition.
The housing unit selected by the family must meet an acceptable level of health and safety before the PHA can approve the unit. When the voucher holder finds a unit that it wishes to occupy and reaches an agreement with the landlord over the lease terms, the PHA must inspect the dwelling and determine that the rent requested is reasonable.
The PHA determines a payment standard that is the amount generally needed to rent a moderately-priced dwelling unit in the local housing market and that is used to calculate the amount of housing assistance a family will receive. But the payment standard does not limit and does not affect the amount of rent a landlord may charge or the family may pay.
A family that receives a housing voucher can select a unit with a rent that is below or above the payment standard. The housing voucher family must pay 30% of its monthly adjusted gross income for rent and utilities, and if the unit rent is greater than the payment standard the family is required to pay the additional amount. By law, whenever a family moves to a new unit where the rent exceeds the payment standard, the family may not pay more than 40 percent of its adjusted monthly income for rent.
The Rent Subsidy
The PHA calculates the maximum amount of housing assistance allowable. The maximum housing assistance is generally the lesser of the payment standard minus 30% of the family's monthly adjusted income or the gross rent for the unit minus 30% of monthly adjusted income.
Can I move and continue to receive housing choice voucher assistance?
A family's housing needs change over time with changes in family size, job locations, and for other reasons. The housing choice voucher program is designed to allow families to move without the loss of housing assistance. Moves are permissible as long as the family notifies the PHA ahead of time, terminates its existing lease within the lease provisions, and finds acceptable alternate housing.
Under the voucher program, new voucher-holders may choose a unit anywhere in the United States if the family lived in the jurisdiction of the PHA issuing the voucher when the family applied for assistance. Those new voucher-holders not living in the jurisdiction of the PHA at the time the family applied for housing assistance must initially lease a unit within that jurisdiction for the first twelve months of assistance.
A family that wishes to move to another PHA's jurisdiction must consult with the PHA that currently administers its housing assistance to verify the procedures for moving.
Roles—the Tenant, the Landlord, the Housing Agency, and HUD
Once a PHA approves an eligible family's housing unit, the family and the landlord sign a lease and, at the same time, the landlord and the PHA sign a housing assistance payments contract that runs for the same term as the lease. This means that everyone—tenant, landlord, and PHA—has obligations and responsibilities under the voucher program.
Tenant's Obligations
When a family selects a housing unit, and the PHA approves the unit and lease, the family signs a lease with the landlord for at least one year. The tenant may be required to pay a security deposit to the landlord. After the first year the landlord may initiate a new lease or allow the family to remain in the unit on a month-to-month lease.
When the family is settled in a new home, the family is expected to comply with the lease and the program requirements; pay its share of rent on time; maintain the unit in good condition; and notify the PHA of any changes in income or family composition.
Landlord's Obligations
The role of the landlord in the voucher program is to provide decent, safe, and sanitary housing to a tenant at a reasonable rent. The dwelling unit must pass the program's housing quality standards and be maintained up to those standards as long as the owner receives housing assistance payments. In addition, the landlord is expected to provide the services agreed to as part of the lease signed with the tenant and the contract signed with the PHA.
Housing Authority's Obligations
The PHA administers the voucher program locally. The PHA provides a family with the housing assistance that enables the family to find suitable housing and the PHA enters into a contract with the landlord to provide housing assistance payments on behalf of the family.
If the landlord fails to meet the owner's obligations under the lease, the PHA has the right to terminate assistance payments. The PHA must reexamine the family's income and composition at least annually and must inspect each unit at least annually to ensure that it meets minimum housing quality standards.
HUD's Role
To cover the cost of the program, HUD provides funds to allow PHAs to make housing assistance payments on behalf of the families. HUD also pays the PHA a fee for the costs of administering the program.
When additional funds become available to assist new families, HUD invites PHAs to submit applications for funds for additional housing vouchers. Applications are then reviewed and funds awarded to the selected PHAs on a competitive basis. HUD monitors PHA administration of the program to ensure program rules are properly followed.
Additional Information and Other Subsidy Programs
For additional information about the voucher program, contact either the local PHA serving your community or the Office of Public Housing within your local HUD office. There may be a long wait for assistance under the housing voucher program.
If the PHA also administers the public housing program, applicants for the housing choice voucher program may also ask to be placed on the waiting list for the public housing program. HUD also administers other subsidized programs and you may obtain a list of programs in your area from the Office of Housing at your local HUD office.
What federal regulations govern this program?
Regulations governing the housing choice voucher program are found in the Code of Federal Regulations at 24 CFR Part 982.
Housing Choice Vouchers, commonly known as Section 8, are part of a federal assistance program to help very low-income families, the elderly, and the disabled afford housing in the private market. In Texas, as in other states, this program is administered by local Public Housing Agencies (PHAs) which receive funding from the U.S. Department of Housing and Urban Development (HUD). Eligibility for a voucher is based on the family's income, size, and citizenship or eligible immigration status, and generally, income must not exceed 50% of the median income for the area, with priority given to those with incomes not exceeding 30% of the median. Applicants must provide information on income, assets, and family composition, which the PHA verifies to determine eligibility and the subsidy amount. Once eligible, families are placed on a waiting list and, when reached, are issued a voucher to find suitable housing that meets health and safety standards. The PHA pays a subsidy directly to the landlord, and the family pays the difference. Families can choose any housing that meets program requirements, and under certain conditions, may use the voucher to purchase a home. The program allows for mobility, with families able to move and retain assistance, subject to certain conditions. The roles and obligations of tenants, landlords, PHAs, and HUD are clearly defined, with regular income reexaminations and housing inspections. For more information or to apply, individuals should contact their local PHA or the nearest HUD office. The federal regulations for the program are located in 24 CFR Part 982.
