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Housing Choice Voucher Program (formerly Section 8)
Housing Topics
![Poor family in subsidized housing](/sites/default/files/styles/standard/public/2022-02/subsidized-housing-tile.jpg?itok=LiiRc9Rx)
This content was last updated on 8/27/2024
- What is the Housing Choice Voucher Program (HCVP)?
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The Housing Choice Voucher Program (formerly called Section 8) is a federally funded program to help eligible low-income families, the elderly and disabled afford decent, safe and sanitary housing. Individuals and families who qualify find private rental housing then use the voucher to pay a portion of the rent.
- What is the difference between Public Housing and Housing Choice Vouchers?
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Public Housing is usually a complex that is operated by a local Public Housing Agency (PHA). A unit you rent with a Housing Choice Voucher is privately owned. Public Housing rent is usually less than the HCVP. The waiting list HCVP is a separate waiting list than the one for Public Housing.
- Who runs the HCVPs?
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The HCVPs are usually run by local Public Housing Agencies (PHAs). To find the PHA in your area, go here .
Or you can use this interactive map.
- How much rent do I have to pay if I am eligible for the HCVP?
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The amount of rent that you pay is based on your household income. Usually, you are required to pay a maximum of 30% of your income towards the rent and utilities, then the voucher pays the rest.
- How do I get to be in the HCVP?
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The Public Housing Agency (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 your family’s income, assets and family members. It will verify this information with other local agencies, your employer and bank, and will use the information to determine program eligibility and the amount of the rental assistance payment.
If the PHA determines that you or your family is eligible, your name will be put 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 Choice Voucher.
- Does a waiting list close?
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Yes. A Public Housing Agency (PHA) can close its waiting list when it has more families on the list than can be assisted in the near future. To see which PHA have open waiting list, go here.
- How long do I have to find a place to live with my voucher?
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Vouchers must be good for 60 days. Some Public Housing Agencies (PHA) will give you 90 days to find a unit. Sometimes that time can be extended if you ask the PHA to extend it before the time runs out.
- Where can I live?
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Once your family has a Housing Choice Voucher, you can search the private rental market in your community for a housing unit. When you have found a unit and the owner agrees to rent the unit to your family under the Housing Choice Voucher Program, the Public Housing Agency (PHA) will inspect the unit to assure that it is suitable. After the unit passes inspection and the rent has been approved, then you and the landlord will enter a lease one year. The PHA and the landlord sign a Housing Assistance Payments Contract through which part of rent is paid on your behalf. You will be responsible for the monthly payment of the difference between the total rent and the Housing Assistance Payment.
- Can I be evicted from my home if I am on the HCVP?
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Yes, but you can only be evicted by your landlord for good cause.
- What is good cause?
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Good cause includes:
- a serious (or repeated) violation of the conditions of the lease
- a violation of applicable federal, state, or local law
- other good causes defined in your lease agreement
Good cause does not include:
- immorality—your landlord cannot evict you merely because your lifestyle does not fit their moral beliefs
- exercising rights—joining a tenant’s council, filing a complaint against your landlord, or exercising rights in any legal way should not result in eviction.
- Does an eviction automatically mean that I will lose my Housing Choice Voucher?
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Not necessarily. It depends on the reason for the eviction. But most of the time it will probably mean you will lose your Housing Choice Voucher. Especially if the eviction is based on a violation of the lease.
Sometimes an eviction does NOT involve a violation of the lease. If the Public Housing Agency (PHA) decides that you have done nothing wrong, you can keep your voucher.
- What are some serious lease violations that I could be evicted for and also lose my voucher?
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- Eviction for non-payment of rent
- Eviction for causing damage to the rental unit
- Eviction for causing disturbances on the property
- Eviction for threatening or harassing other tenants
- Eviction for having “unauthorized” people living with you who are not on the lease
- Criminal activity or drug activity at the rental unit
- Being evicted for poor housekeeping
- If I’m evicted for criminal or drug activities at the rental property, how does that affect my Housing Choice Voucher?
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If you are evicted for criminal activities or criminal drug activities, you will lose any federal housing assistance for 3 years. This includes your Housing Choice Voucher or public housing. This applies to Public Housing Agencies (PHAs) anywhere in the country. Federal law says no one can be eligible for at least three years after an eviction for criminal activity or drug activity.
Even after the three years are up, the PHA can still “consider” the criminal or drug activity as part of an “adverse rental history.” A PHA may decide they just don’t want anyone with any criminal record. There’s not much you can do about that. Criminal activity by even one member of the family can affect the entire family’s eligibility for federal housing assistance. Everyone in the home can be disqualified, even if the offender is kicked out and never comes back to the unit.
- If the Public Housing Agency (PHA) tells me they are taking my Housing Choice Voucher away, what can I do?
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If you get a termination notice, it is a good idea to contact your local legal aid office for help right away.
- If my marriage breaks up, who will determine which family member gets to keep the Housing Choice Voucher?
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The Public Housing Agency (PHA) has the discretion to determine which members of an assisted family continue to receive assistance in the program if your family breaks up. The PHA administrative plan must state PHA policies on how to decide who remains in the program if your family breaks up. A copy of the administrative plan may be on the PHA’s website, or you may be able to ask for a copy from the PHA.
- What factors will be used to determine which family member gets to keep the Housing Choice Voucher?
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The factors to be considered in making this decision may include: Whether the assistance should stay with family members remaining in the unit, the interest of minor children or of ill, elderly or disabled family members, Whether family members are forced to leave the unit as a result or actual or threatened physical violence against family members by a spouse or other member of the household, other factors specified by the PHA.
- Can a court determine who gets to keep the Housing Choice Voucher if I get divorced?
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Yes. If a court determines who in your family gets to keep the Housing Choice Voucher in your divorce, the Public Housing Agency is bound by the court's decision.