Definition of Section 8 Housing

Section 8 housing is a program implemented by the United States Department of Housing and Urban Development. This program makes affordable housing available to individuals and families who are low income.

Section 8 Housing Explained

The current Section 8 housing program most known is the voucher program. Some voucher programs are specific to a particular complex or rental unit whereas other vouchers are given tot participants and the participant can choose a unit that works for them. The participant pays a portion of rent (based on state standards and income) and the voucher is given for the remaining portion, which is paid by the Section 8 housing program.

The program will pay a percentage of rent up to the Fair Market Rate, which may be based on:

• Geographic area where the unit is located (units located in major metropolitan areas will usually have higher Fair Market Rents);
• Unit size (including number of bedrooms and square footage);
• Whether the owner or tenant will be in charge of paying utilities; and
• Other factors as is determined relevant in a particular situation.

A landlord may not charge a Section 8 tenant more than the Fair Market Rent. Landlords are not required to participate in Section 8 housing programs. Some landlords readily accept Section 8 housing tenants. Those that do so may have made the decision to rent to such tenants based on:

• The larger available pool of renters (there is often a long waiting list of new Section 8 tenants);
• Prompt and regular payments from the program for the program share of the rent; and
• Higher quality tenants, since tenants may be permanently removed from the Section 8 program list due to any misconduct including failure to pay rent and doing damage to property.

Section 8 housing can make life more affordable and manageable for low income individuals who go through the application process and acquire assistance. In some areas, where housing costs are rising and incomes are not rising to make them feasible, such programs are essential to survival.

Getting Legal Help

If you have legal questions about section 8 housing or your real estate options, getting the advice of an experienced real estate attorney in your vicinity is a wise move. A lawyer can help you understand how the law affects your situation. You may have options available or incentives available that you are unaware of; a lawyer can give you sound legal advice and advocate on your behalf.