Section 8 Tenants

Section 8 is a federal rental assistance program where households use a voucher to subsidize rent in the private market, overseen by a local Public Housing Authority (PHA). The voucher “moves” with the household, meaning the tenant can bring their subsidy to new units. Each household is assigned a Section 8 caseworker who monitors eligibility and compliance.

Applying the Voucher to a Unit

To use a Section 8 Voucher:

  • The unit must pass:
    • A “rent reasonableness” test, and
    • A Section 8 inspection.
  • The landlord can charge rent up to what is considered reasonable for that ZIP code based on HUD’s formula—this may be higher than what most tenants could afford without assistance.
  • The tenant pays up to 30% of their income toward rent; the voucher covers the rest via a direct payment to the landlord.

Household & Income Reporting Rules:

  • Only people approved by the PHA may live in the unit.
  • Household changes must be reported within 10 days.
  • Any change in income must be reported to the Section 8 worker within 10 days.
  • An annual recertification is required.
  • Failure to report changes may result in:
    • Retroactive rent increases;
    • The household being labeled a fraud account;
    • Termination from the program.

Repair Issues & Apartment Conditions

If there are repair or habitability concerns in the unit:

  1. Request an inspection from Section 8.
  2. Also request a local code inspection to document violations.
  3. Let Section 8 complete their process—they may choose to:
    • Withhold their rent portion, putting the apartment into abatement.
    • If issues are not corrected within 30–60 days, the tenant may receive a moving voucher.
      • Tenants must use their moving voucher within the allowed time.
      • If a tenant does not secure a new unit before using all available extensions (maximum of 3), they may lose the voucher.

Inspections:

  • Section 8 units are subject to:
    • Move-in inspection
    • Annual inspection
    • Occasional random quality control inspections
  • If the tenant causes damage, the landlord can charge the tenant, but it is still the landlord’s duty to make the repair.

⚠️ Important note: Tenants who fail to pay their portion of the rent—even when withholding rent due to conditions—risk losing their voucher.

Landlord-Tenant Relationship in Section 8

  • At the beginning of tenancy, landlords must offer a 1-year fixed-term lease.
  • After the first year, both parties may agree to a month-to-month agreement.

Eviction Procedures:

  • A landlord must serve court papers to both the tenant and the Section 8 office.
    • Failure to notify Section 8 may lead to dismissal of the case.
  • Landlords cannot charge more than the approved rent listed in the Housing Assistance Payment (HAP) contract.
    • Unauthorized rent increases or side agreements are usually unenforceable.

Eviction Scenarios:

  • Tenants may be evicted for:
    • Nonpayment of their portion of the rent (can result in loss of voucher).
    • Nonpayment during abatement (when Section 8 is withholding rent), but only within the first six months.
  • Under Spiegel Law, tenants may have a defense against eviction or liability if:
    • The PHA or subsidy provider is withholding payment due to bad conditions.
  • After six months of abatement, if the tenant has not moved, they may:
    • Be liable for all rent owed;
    • Be terminated from the Section 8 program.