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All About Subsidized Housing
by: Housing Justice Network

Types of Subsidized Housing

Public Housing

• Publicly owned (but can be privately owned as in case of HOPE VI)

• Project-based (subsidy is attached to unit)

• Deep subsidy (tenant rent is 30% of household income)

• Good cause required for eviction or non-renewal of lease

• Housing quality standards enforced by HUD

• HUD provides capital funds and operating funds

Project-Based Section 8

• Privately owned

• Project-based

• Deep subsidy (tenant rent is 30% of household income)

• Good cause required for eviction or non-renewal of lease

• Housing quality standards enforced by HUD

• Usually HUD-held or HUD-insured mortgage with housing assistance payments contract

Section 8 voucher

• Tenant locates housing in private market

• Rent can not exceed voucher payment standard (set by housing authority and HUD)

• Deep subsidy (tenant rent + utility allowance is 30%-40% of household income)

• Good cause required for eviction only, NOT non-renewal of lease

• Housing quality standards enforced by housing authority

• Housing assistance payments contract between housing authority and landlord

Low Income Housing Tax Credit

• Privately owned

• Project-based

• Shallow subsidy (rent + utility allowance set at 30% of the maximum household income for that unit)

• Good cause required for eviction or non-renewal of lease ("good cause" not defined yet)

• Property condition may be enforced by PHFA (if PennHomes financing)

• Can't discriminate against voucher holders

• Investors get credit on federal taxes for 10 years

• 30-year restrictive covenant with PHFA

"Good Cause" for Eviction

Defined differently in each program, but generally:

1. Serious or repeated violations of the lease

2. Violation of federal, state or local landlord tenant law

3. Criminal activity on the part of the tenant, household members or guests

4. "Other good cause" (refusing a reasonable modification of the lease, history of disturbing neighbors, etc.)

Tenants can only be evicted through court action. HUD programs usually entitle tenant to a grievance hearing by someone other than the person making the decision to evict before a court action can be filed.

Housing Quality Standards (HQS)

HUD or the housing authority inspect properties for HQS every year, and may inspect during the lease term if there is a complaint. PHFA will inspect tax credit properties if there is other PHFA financing. Investors in tax credit properties will also be concerned about physical conditions.

HQS includes:

• working sanitary facilities (bathroom, sewer/sceptic)

• windows and doors that lock

• working and safe heating system; no unvented gas, oil, or kerosene space heaters

• working and safe electrical system

• structurally sound

• no rodent/vermin infestation

• no peeling paint (may have to test for lead-based paint if (1) >$5,000 per year in project-based subsidy, or (2) knowledge of lead poisoning)

Legal Authorities for Subsidized Housing Programs

Housing choice voucher 42 U.S.C. 1437f

24 CFR Part 982

HUD Guidebook 7420.10G

PHA administrative plan

HAP contract

Public housing 42 U.S.C. 1437a, 1437d

24 CFR Parts 960, 966

PH Occupancy Guidebook

PHA administrative plan

Project-based Section 8 42 U.S.C. 1437f

HUD Handbook 4350.3

• New construction 24 CFR Part 880

• Substantial rehabilitation 24 CFR Part 881

• State agency financed projects w/Section 8 assistance

24 CFR Part 883

• Loan management/property disposition set-aside

24 CFR Parts 886 and 247

• Supportive housing for elderly and persons with disabilities

24 CFR Parts 891 and 247

Project-based voucher program

24 CFR Parts 983 and 247

PHA administrative plan

Low-Income Housing Tax Credit (LIHTC)

26 U.S.C. 42

PHFA restrictive covenant

Home Investment Partnership (HOME)

42 U.S.C. 201, et seq.

24 CFR Part 92, Subpart F

Rural Housing Service programs

7 CFR Part 1944, Subpart L

• Rural housing Section 515 projects w/ Section 8 assistance

24 CFR Part 884

HUD homeless programs 42 U.S.C. 11361, et seq.

• Supportive Housing Program (SHP)

24 CFR Part 583

• Shelter Plus Care 24 CFR Part 582

• Emergency Shelter Grant (ESG)

24 CFR Part 576

Housing Opportunities for People with Aids (HOPWA)

42 U.S.C. 12901, et seq.

24 CFR Part 574

Other resources: www.hud.gov

www.hudclips.org

www.gulpny.org

www.nhlp.org

Last Reviewed On: 05/10/07

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