Housing Choice Voucher Program (HCVP) (used to be called Section 8)

The Housing Choice Voucher Program (formerly called Section 8) is a federally funded housing program. It helps 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 part of the rent. 

Public Housing is usually an apartment building or groups of homes that are run by a local Public Housing Agency (PHA). When you have a Housing Choice Voucher, you rent from private owners.  Public Housing rent is usually less than the HCVP. The waiting list for HCVP is a separate waiting list than the one for Public Housing. 

The HCVPs are usually run by local Public Housing Agencies (PHAs). Find the PHA in your area here.  Or you can use this interactive map to find resources in your city.

The amount of rent that you pay is based on your household income. Usually, you pay 30% of your income towards the rent and utilities. The voucher pays the rest.

Talk to the Public Housing Agency (PHA) in your community. Ask about the HCVP income limits for your area and family size.  Ask about how to apply.

When you apply, the PHA collects information on your family’s income, assets and family members.  They check this information with other local agencies, your employer and bank. The PHA uses the information to decide if you are eligible and the amount of the rent help you get.

If the PHA decides that you or your family is eligible, your name is put on a waiting list. Sometimes they can help you right away.  Once they get to your name on the waiting list, the PHA contacts you and issues you a Housing Choice Voucher.

Yes.  A Public Housing Agency (PHA) can close its waiting list. They do this when there are more families on the list than can be helped in the near future.

Find a list of the PHAs that have an open waiting list here.

Vouchers must be good for 60 days. Some Public Housing Agencies (PHA)  give you 90 days to find a unit.  Sometimes you can get more time.  Ask the PHA for an extension before the time runs out. 

Once your family has a Housing Choice Voucher, search the private rental market in your community for a housing unit.  When you find something, make sure the owner agrees to rent to your family under the Housing Choice Voucher Program.  The Public Housing Agency (PHA) inspects the unit to make sure it is in good condition. After it passes inspection, the rent is approved, you and the landlord sign a one-year lease. The PHA and the landlord sign a Housing Assistance Payments Contract saying that part of your rent is paid by the HCVP. The part of the rent you have to pay every month is what’s left after you subtract the Housing Assistance Payment from the total rent.

Yes, but you can only be evicted by your landlord for good cause.

Good cause are things like:

• a serious (or repeated) violation of the conditions of the lease
• a violation of federal, state, or local law
• your lease may have other things listed as good cause     

Good cause does not include:

• immorality—your landlord can’t evict you because your lifestyle does not fit their moral beliefs
• exercising rights— your landlord cannot evict you for joining a tenant’s council, filing a complaint against your landlord, or exercising rights in any legal way

Not always. 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.

• non-payment of rent
• causing damage to the rental unit
• causing disturbances on the property
• threatening or harassing other tenants
• having “unauthorized” people living with you who are not on the lease
• criminal activity or drug activity at the rental unit
• poor housekeeping

If you are evicted for criminal or drug activities, you  lose any federal housing help 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 you are not eligible for at least three years after an eviction for criminal activity or drug activity.

Even after 3 years, 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 help. Everyone in the home can be disqualified, even if the offender is kicked out and never comes back to the unit.

If you get a termination notice, it is a good idea to contact your local legal aid office for help right away.

Ask for a hearing.

The PHA should send you a written termination notice.  The notice tells you why they are taking your voucher. To fight to keep your Housing Choice Voucher, you must ask for a hearing in writing. Send your letter to the PHA  by the deadline  in the termination notice. You can send it by personal delivery, mail, or any of the ways listed in the notice. Save a copy of your letter.  You might need to prove it was mailed by the deadline. Save proof of mailing or get a receipt from the PHA if you give it to them in person.

Get ready for the hearing.

The PHA schedules informal hearings quickly so get ready. Before the hearing, ask the PHA to see your file.  Also ask to see all the evidence they plan to use at the hearing. 

If the PHA asks to see the evidence you plan to use, you must give it to them.   

Decide if you are going to ask witnesses to come to the hearing to help with your case.  Make sure they know the date, time and where the hearing is.  Make sure you know what they are going to say. Your witnesses must have firsthand information about your case.

Gather and organize any documents you are going to use at the hearing.

Write out the things you want to say and the reasons your housing voucher should not be terminated.

Go to the hearing with all your evidence and all your witnesses

There is only one informal hearing for your HCVP termination. It is important to treat the informal hearing very seriously. It may be the only chance to fight the termination.

You must be at the hearing on time. Bring all the evidence that you plan to use.  Show all evidence to the hearing officer who is conducting the hearing.  

Hearings are usually around a table at the PHA office.  A neutral hearing officer acts as judge. They listen to both you and the Housing Choice Voucher Program (HCVP) representative. When it is your turn, explain all the reasons why your voucher should not be taken away.   The hearing officer decides if you are still eligible for the HCVP.

The hearing officer usually won’t tell you the final decision at the hearing. A decision is sent later in the mail.

After the hearing

You get a written decision within 10 days after the hearing. The decision says if and when the voucher will be terminated and reasons why.  If the hearing officer rules in your favor, the termination is canceled.  The PHA must pay their portion of the rent until a hearing decision is made. 

If the hearing officer rules against you, your Housing Choice Voucher may be terminated. Once the voucher is terminated, the rent payments the PHA makes to your landlord stop. You are then responsible for paying the entire rent amount. If you don’t pay the rent, you can be evicted.

If you are terminated from the Housing Choice Voucher program, you might not be able to get help again in the future. Being terminated from the Housing Choice Voucher Program might also make it harder to get into public housing or other subsidized housing. If you lose the hearing, you still have the right to fight it  in court.

If you lose the hearing, contact your local legal aid office for help right away.

The Public Housing Agency (PHA) decides who can keep getting help from the program if your family breaks up. The PHA administrative plan must have policies on how to decide who stays 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. 

Some of the things the PHA looks at to decide who gets to keep the voucher may include: 

• If the voucher should stay with family members staying in the unit.
• If there are minor children or ill, elderly or disabled family members.
• If family members are forced to leave the unit because of actual or threatened physical violence by a spouse or other member of the household.
• Other things listed by the PHA.

Yes. If a court decides who gets to keep the Housing Choice Voucher in your divorce, the PHA has to follow the court's decision.