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Federally Subsidized Housing - Tenant Based (Vouchers)

What is federally subsidized housing?

Federally subsidized housing means that the government pays part or all of your rent.  The part of your rent the government pays is called the "subsidy."  Unlike private rental housing, landlords in federally subsidized housing have many more rules to follow.  These rules decide about who gets into the housing (admissions), rents, leases, grievances, and evictions.  If you live in federally subsidized housing, you have more legal rights than tenants in private rental housing.  These rights include the following things.

? The landlord must follow certain rules about who gets admitted to the housing.

? Your rent is limited.

? Usually you pay no more than 30% of your income for rent and utilities.

            ? Your tenancy usually is not time limited.  As long as you don't break the lease or the law, you are allowed to stay.

? You may be evicted only for good cause.

? Usually you must be given notice and a chance to contest a denial of admission.

? Before your subsidy may be ended, you must be given notice and a chance to contest.

            What are the types of federally subsidized housing?

            There are two types of federally subsidized housing.  In one type, the subsidy is tied to the tenant.  This is called "tenant-based assistance."  In the other type, the subsidy is tied to the housing unit.  This is called "unit-based assistance."  This article is about tenant-based assisted housing. 

            What is tenant-based assisted housing?

There is one main type of tenant-based assisted housing.  This is called a housing voucher.  This is a type of federally subsidized housing where the assistance is tied to the tenant.  This is a subsidy that you can take from place to place.  Your voucher helps you rent decent housing in the private market.  Your voucher helps pay part of your rent and sometimes part of your utility bills. 

The voucher program is run by the U.S. Department of Housing and Urban Development (HUD).  A local agency has an agreement with HUD (or sometimes with the Virginia Housing Development Authority - VHDA) to run the program in a certain area, usually a county or independent city.

            How do I apply for tenant-based assisted housing?

            You apply for a voucher with the local agency that runs the program.  This is called the §8 agent.  This may be your local public housing authority (PHA), department of social services (DSS), community action agency, or some other office.  Your application must be accepted, unless the waiting list is so long there is no reasonable chance you can get a voucher within a year.  You can apply with more than one §8 agent.  Each §8 agent has its own system for applications.  Sometimes there are long waiting lists.  If you're willing to move, you might find a housing agency that can offer you housing right away.  So check around.

Once your application is accepted, your name is put on a waiting list.  You must be told about preferences for a voucher.  You may be required from time to time to say you are interested in a voucher.  If you fail to do so, your name may be removed from the waiting list.

            Waiting lists usually are kept by number of bedrooms needed.  Waiting lists also may be separated based on preferences for a voucher.  When a voucher is available, it must be offered in the order of bedroom size, preferences, and date & time of application.

            Who may get a preference for tenant-based assisted housing?                 

The §8 agent may give a preference to these people: working people, the disabled, the elderly (age 62 or older), the homeless, victims of domestic violence, and people who live in a particular area.

            Who may get a voucher for tenant-based assisted housing?

The §8 agent must use the following rules to decide who gets a voucher.

? Usually, your income can be no more than 80% of area median (average) income.  Income limits vary from area to area, so you may be eligible with one §8 agent but not another.

? There is no resource limit.  If you have more than $5,000 in assets, part of that can be counted as income.

? There is no minimum income requirement.

? The §8 agent may not use your race, religion, national origin, sex, marital status, source of income, handicap, age, or past bankruptcy against you.

? The §8 agent also may not use being an unwed parent, getting public aid, having children out of wedlock, or having children against you.

            ? Both single individuals and families may get a voucher. 

            ? Only U.S. citizens and eligible immigrants may get a voucher.

The §8 agent only decides who gets a voucher.  The landlord chooses the tenant.  The §8 agent may not consider your fitness as a tenant or expected behavior as a tenant.  The §8 agent may not screen for the landlord.  The §8 agent may deny a voucher because of certain conduct. 

? You don't sign and submit consent forms to get information.

            ? You violated any duty under the voucher program.

            ? You were evicted from federally subsidized housing in the past five years.

? You ever had your voucher assistance ended.

            ? You committed fraud, bribery, or other corrupt or criminal act in connection with any federal housing program.

            ? You currently owe rent or other amounts to any §8 agent.

            ? You have not paid back any §8 agent for amounts paid to a landlord.

            ? You break an agreement with the §8 agent to pay amounts owed to the §8 agent.

            ? You fail to take part in a required Family Self Sufficiency (FSS) plan.

            ? You have done or threatened abusive or violent behavior toward the §8 agent.

            ? You fail to take part in a required Welfare-to-Work (WTW) program.

            ? You committed drug-related or violent criminal activity.

If you don't get a voucher, the §8 agent must give you a written notice telling you why.

This notice must tell you of your right to contest the denial in writing and/or in person.

            What happens when I get a voucher?

            When you get a voucher, you may use it for a unit up to a certain amount of rent and for a certain number of bedrooms.  You have 60 days to find decent rental housing from a private landlord willing to take part in the program.  The §8 agent inspects the unit to be certain it meets Housing Quality Standards (HQS).  You sign a lease with the landlord for a term of at least one year.  The landlord signs a Housing Assistance Payments (HAP) contract with the §8 agent.  You pay no more than 30 percent of adjusted monthly income for rent and utilities.  The §8 program pays the rest of the rent.  When you get a voucher, you must be given this information.

? How the program works.

? Your duties and your landlord's duties.

? Where you may rent a unit. 

? The term of your voucher.

? How the amount of the housing assistance payment is set.

? How the maximum amount of rent for an assisted unit is set.

? The HUD required "Tenancy Addendum" that must be included in your lease.

? The Request for Lease Approval form.

? A statement about providing information concerning a family to landlords.

? Voucher subsidy standards.

? How to choose a unit.

? Equal opportunity laws.

? A list of potential landlords.

? Informal hearing procedures.

            Your voucher is good for 60 days.  During that time, you must find a suitable unit.  This may be the unit you already live in.  If your voucher is about to expire, you may ask for one or more extensions.  When you find a unit, you submit a Request for Lease Approval form, signed by you and the landlord, along with the lease.  The §8 agent then decides whether the landlord, the unit, and the lease are fit.

            How does the §8 agent decide if the landlord is fit?

            The §8 agent can't approve a landlord who is suspended from the voucher program.  The §8 agent also can't approve a landlord who has violated fair housing laws.  In addition, the §8 agent may disapprove a landlord who has done these things.

            ? Violated duties under a HAP contract.

            ? Committed fraud, bribery, or other corrupt or criminal act in connection with any federal housing program.

            ? Committed drug-related or violent criminal activity.

            ? Rented units that didn't meet state or local housing codes.

            ? Not followed Housing Quality Standards.

            ? Not paid state or local real estate taxes, fines or assessments.

            ? Failed to evict federally assisted tenants who did things for which they should have been evicted.

How does the §8 agent decide if the unit is fit?

The §8 agent inspects the unit to see if it meets Housing Quality Standards (HQS).  The standards include these things: sinks, showers, tubs, toilets, food preparation, garbage disposal, space, security, heating, lighting, electricity, structure, materials, air quality, hot and cold water supply, absence of lead-based paint, access, site, neighborhood, sanitary condition, and smoke detectors.  The §8 agent must inspect the unit before the initial term, at least annually, and at other times as needed to determine if the unit meets HQS. 

How does the §8 agent decide if the lease is fit?

            You and the landlord and tenant must sign a written lease.  This lease must includes these things: the names of the parties, the unit rented, the term of the lease, the amount of the monthly rent to the landlord, what utilities and appliances the landlord must supply, and what utilities and appliances you must supply.

            How is rent set in tenant-based assisted housing?

In federally subsidized housing, your rent is less than it would be without the subsidy.  Usually you pay 30% of your adjusted monthly income for your housing costs.  Your housing costs means both rent and utilities.  Your adjusted monthly income means your total income minus certain deductions.  There are deductions for dependents, elderly and disabled families,

high medical expenses, and costs of child care needed to go to work or school.            

If all utilities except telephone are included in the rent, your rent is 30% of your adjusted monthly income.  If all utilities except telephone are not included in your rent, your rent is 30% of your adjusted monthly income minus a "utility allowance."  A utility allowance is the reasonable cost of a modest amount of utilities.

If the utility allowance is more than 30% of your adjusted monthly income, you pay no rent.  You also get a monthly utility allowance check equal to the difference.

To be sure you pay the right amount of rent, you must report your income at least once a year.  You also must report changes in income and family size right away.

What does the lease say in tenant-based assisted housing?

            You must be given a written lease.  The lease must tell you the amount of rent, when rent is due, the landlord's duty to keep the housing in good repair, the your rights and duties, the way to handle disputes, and the way to handle evictions.  Everything in the lease must be reasonable.

The initial term of your lease must be for at least one year.