Section 8 - Tenant Resource Center

On this page:

Obtaining and Using a Section 8 Housing Choice Voucher
Basic Process for a Landlord
Terminations and Disputes
Resources

Section 8 is a rent subsidy program for low-income households. It is administered by the United States Department of Housing and Urban Development (HUD). The purpose of the Section 8 program is to assist low-income, elderly, and disabled individuals and families to obtain safe and affordable housing. While the program is federally funded, it is managed at the state and local levels.

A Housing Choice Voucher, generally called a Section 8 voucher, is given to the tenant. In other words, the voucher attaches to the tenant. A Section 8 voucher assists low-income tenants in finding housing in the private rental market. When a person has a Section 8 voucher, they generally pay 30% of their income as rent. Funding from HUD covers the remaining amount to the private landlord.

In addition to the general Section 8 Housing Choice Vouchers, there are also targeted housing choice voucher programs for certain populations. For example:

Veterans Affairs Supportive Housing (VASH) vouchers are available for homeless veterans who are connected to and referred by their local VA.
Family Unification vouchers are available for eligible families whose children have been or will be removed from their custody by Child Protective Services primarily because of lack of adequate housing. The vouchers allow the parents working toward reuniting their family the opportunity to have more stable housing. These vouchers are also made available to youth aging out of foster care. To pursue this kind of voucher, you need to talk to your case manager (the case worker who helps with food stamps, etc.).
Mainstream vouchers under the Mainstream Housing Opportunities for Persons with Disabilities program are vouchers exclusively for individuals or families with a disabled adult household member and the household member with disabilities must be 18-61 years old.

In addition, there is project-based Section 8. A project-based Section 8 subsidy (also called a Project-Based Voucher) attaches to the individual apartment. With project-based Section 8, a private owner or a Public Housing Authority (PHA) owns the building and individuals apply to get on the waitlist for an apartment in the building through the private owner or the PHA.

These programs share many of the same requirements as the general Section 8 Housing Choice voucher program. Generally, in each of these, a person with the voucher pays 30% of their income as rent and funding from HUD covers the remaining amount to the private landlord or the PHA. But each program also has additional requirements and their own process for applying and using the voucher.

Obtaining and Using a Section 8 Housing Choice Voucher: Basic Steps for a Tenant

Section 8 is funded and administered by HUD but each PHA establishes preferences, priorities, and processes. In Dane County and the City of Madison, tenants must follow these general steps to apply for and use a Section 8 Housing Choice voucher.

Find the Local PHA for your area. PHAs administer the Section 8 program for their community. In Madison, the PHA responsible for Section 8 is the City of Madison Community Development Authority (CDA). In Dane County outside of Madison, the PHA responsible for Section 8 is the Dane County Housing Authority (DCHA).
Check eligibility. Before applying, check if you meet the eligibility requirements for the Section 8 program. Housing choice vouchers can be given to any income-eligible person who meets the screening criteria, even if they don’t have kids, aren’t disabled, and aren’t elderly. However, many waiting lists prioritize those on the waiting list who have children, who are disabled, and who are elderly. In general, the household’s income may not exceed 50% of the median income for the area in which they live. By law, a PHA must provide 75% of its vouchers to applicants whose incomes do not exceed 30% of the area median income. Recipients must also be U.S. citizens or have a certain immigration status. Eligible immigration status includes individuals:
- lawfully admitted for permanent residence;
- who entered the U.S. prior to June 30, 1948 and who have continuously resided in the U.S. and not eligible for citizenship and who are deemed lawfully admitted by the United States Attorney General (USAG) under 8 USC 1158;
- admitted under 8 USC 1157;
- granted asylum;
- granted admission by the USAG for emergency or public interest reasons;
- for whom the USAG has not deported under 8 USC 1231(b)3;
- granted temporary or permanent residence under 8 USC 1255a;
- who are lawful residents under the compact between the U.S. and Marhsall Islands, Micronesia, or Palau; or
- who are VAWA self-petitioners.
Gather the required documents. Prepare the necessary documents for your application. This may include identification, proof of income, and Social Security numbers for all household members. Each PHA may have specific requirements. You can check with the Dane County Housing Authority or Madison’s CDA for their list of required documents.
Apply to get on the wait list. Because the need for affordable housing far exceeds the number of units available, the City of Madison, Dane County, and most Section 8 properties require applicants to first apply to get on a wait list. Each housing program has a separate wait list. The wait lists are not always open and some stay closed for months or years. The City of Madison and Dane County use a lottery to select applicants to add to the wait list for a Section 8 Housing Choice Voucher. If an applicant is not selected to be added to the wait list, you will need to wait for the wait list to open again to apply.
Meet with a housing worker. If you are selected from the waitlist, you will go through an initial screening to make sure you still qualify. If you are denied, you can ask for a hearing. The rules for denials are in 24 CFR 982.552, and the rules for denials due to criminal activity are in 24 CFR § 982.553. In HUD’s Notice PIH 2015-19, HUD issued guidance about using criminal records in denying public housing, with information about best practices and how arrests can’t be used to deny someone entry into the Section 8 program.
Receive your housing voucher form.The Housing Choice Voucher Program form says who can use the voucher, the size of the unit you can rent, verifies the basic HUD rules, and includes the expiration date for the voucher. (Expiration date is the date by which you must find a place to live and submit the form.) This is the official document that provides you the voucher and the amount you will be obligated to pay.
Find a place to live.The City of Madison’s Housing Authority has a list of housing vacancies from landlords. You can also use the Housing Resource List or WHEDA’s Section 42 housing list. The most common way to find housing is online. If you’re looking on Craigslist, here’s our tip sheet. More resources about finding housing are on our Find Housing page. You may want to write a letter to go with your application. Finally, note that in Dane County (DCO 31.03(12a)) and the City of Madison (MCO 39.03), landlords are not allowed to discriminate against tenants for their lawful source of income or receiving rental assistance, including using a Section 8 voucher. If you believe you have been discriminated against, you can check out the resources on our Discrimination page. HUD also provides information online about source of income discrimination.
Submit the request for tenancy approval form. Within 60 days of receiving your voucher form, you must find a place to live and submit the “request for tenancy approval form.” If you are reaching the end of the 60-day period and have not found a place to live, you should submit a request to the housing authority that provided you the voucher for an extension. The request should be submitted in writing and keep a copy of the request.
Your housing worker double checks the paperwork and money. Specifically, they review the lease to make sure that the lease doesn’t conflict with HUD regulations or state law, and verify that rent and tenant-paid utilities fit within rent cap on the voucher.
The unit is inspected. A Section 8 inspector completes a form, looking for basic health, safety, and legal requirements. If the unit fails the inspection, the landlord will be given time to fix the issue. A document explaining the inspection process is HUD’s “A Good Place to Live!”
Sign everything.Sign the lease with the landlord. The landlord signs the contract they have with HUD (a HAP contract basically says that HUD will pay the landlord and the landlord will accept that payment). You sign any agreements from the housing authority.
Pay the security deposit. It is the tenant’s responsibility to pay the entire security deposit. Generally, the housing authority does not help with a security deposit. If you need help, you can call your local 211, or if you are in Dane County, you can call usfor information about where to get help with a security deposit.
Pay rent. Generally, someone who has a voucher pays about 30% of their income as rent, directly to the landlord. The housing authority then pays the rest of the rent, also directly to the landlord. The 30% of your income is not exact. Income adjustments are allowed for disability status, dependents in the household, and medical expenses and the total tenant payment will factor in a utility allowance and the approved rent in the lease. The program prohibits tenants from paying more than 40% of their monthly income toward rent. There is a payment standard for each area which decides how much rent each housing authority will pay, depending on unit size.
Report any changes in income or members of the household. While you have your voucher, your household’s income may change because of a job loss, a promotion, or an adult moving out. Or, the members of your household may change for several reasons, including a breakup or divorce, a child being born or adopted, or a minor child becoming an adult. All of these changes must be reported to the PHA. Changes in family size are not grounds for termination from the Section 8 program. If a minor child becomes an adult, they are not required to move out immediately. But any income they earn as an adult must be reported to the PHA and may be factored into the rent amount. Your voucher may be terminated if you do not report these changes. Note: The voucher generally identifies a person in the household as the head of household. The voucher usually stays with that person if the adults no longer live together.
Live in the unit. Generally, tenants are not allowed to move within a year of first signing a lease if they want to keep their voucher. Also, generally, tenants may not move during a lease term. However, there are exceptions for domestic abuse and stalking, reasonable accommodations for disabilities, and extreme repair issues. If you need to move before that first year or break a lease for one of these reasons, contact your housing case worker. Make sure to create a strong paper trail so you can later dispute any termination from the voucher program. If you want to move at the end of a lease period, contact your housing case worker to make sure there are no issues that need to be taken care of before moving. If there is a dispute about rent, utilities, repairs, or an eviction, your voucher may be at risk. If you need legal assistance with your voucher because you need to move and the request has been denied or your voucher has been terminated or is at risk of termination, you can contact Legal Actionor Judicare for legal assistance.

A voucher may be “ported” to a new city, county, or state if other requirements are met and the PHA where you are moving has funds for the voucher. The first step is to call the PHA in the location where you want to move to ask about the availability of funds and screening criteria.

Section 8 Housing Choice Voucher: Basic Process for a Landlord

Below are the general steps a landlord in Dane County must take when a prospective tenant has a Section 8 voucher. If you have questions about getting started or about any of these steps, contact your local housing authority (if you are in Madison, reach out to the CDA’s Marketing Outreach Coordinator) or review HUD’s HCV Landlord Resources (this page includes a sign up for HUD’s HCV landlord mailing list for regular emails with information, tips, and resources).

A tenant with Section 8 voucher applies to live in your rental unit.
Application Screening. You screen the tenant using the same process used for other applicants and decide whether to rent them the unit. In Dane County (DCO 31.03(12a)) and the City of Madison (MCO 39.03), it is unlawful for a landlord to reject the tenant’s rental application because they have a Section 8 voucher. HUD also provides information online about source of income discrimination. If you want to verify the voucher, you can ask to see a copy of it (it should look like this, only filled out). If you want to verify how much the tenant is authorized to spend on a unit, you can call the housing authority that issued the voucher.
Sign a HUD Form. Once a tenant is approved, you will need to sign a request for tenancy approval form saying that you plan to rent to them. Generally, the tenant needs to submit that form within 60 days of receiving their voucher form. They can get an extension. But if the tenants go over the time in which they are allowed to submit the form, the tenant won't get the rent assistance.
Lease Screening. The PHA issuing the Section 8 voucher will screen your lease to ensure it complies with HUD rules. The PHA also confirms that the rent and utilities are within the rent caps that the tenant is allowed to spend.
Unit Inspection. A Section 8 inspector inspects the unit and completes a form, looking for basic health, safety, and legal requirements. If the unit fails the inspection, the landlord will be given time to fix the issue. HUD’s “A Good Place to Live!” explains the inspection process.
Sign the Lease. You sign your regular lease with the tenant. The same rental rights and responsibilities apply to you and a tenant using a Section 8 as any other tenant.
Tenant Moves In. When the tenant moves in, you sign the contract with the housing authority (a HAP contract). The HAP contract essentially states that HUD will pay the landlord and the landlord will accept that payment. The tenant signs a contract with the PHA.
Every month, the PHA pays landlords the amount they have agreed to pay, and the tenant pays their portion to the landlord.

Section 8 Voucher Terminations and Disputes

Outlined below are reasons why a tenant may receive a notice terminating a Section 8 Voucher. If you receive a notice of termination and believe you should not have, it is important to dispute it and request a hearing as soon as possible. You can use this sample letter for guidance. The letter from the housing authority should provide the number of days you have to file a dispute and it is usually a short amount of time (10-14 days). If you want legal assistance with this process, you can contact Legal Action or Judicare.

The Process

Generally, a termination and the dispute of a termination follow these steps:

There’s a problem of some kind that the PHA becomes aware of.
The housing authority sends a letter to the tenant voucher holder. The letter should include the reason(s) why the voucher is being terminated; state that the tenant can request an informal hearing if they do not agree with the decision; and the deadline for requesting the informal hearing.
The voucher holder writes a letter by the deadline to dispute the termination and request a hearing. Tenants can reach out to Legal Actionor Judicare if they want legal assistance with disputing the termination.
Voucher holders (or their attorney) can request their file and other documents related to the termination from the housing authority.
An informal hearing is held before a hearing officer with the housing authority.
The hearing officer must make a written decision that includes the reason for the decision and the evidence supporting the decision.
If the tenant disagrees with the hearing officer’s decision, they can appeal that decision with the local Circuit Court within the applicable deadline.
The Circuit Court will review the record of the hearing and the briefs filed by the parties. To keep a Section 8 voucher effective pending the Circuit Court review of the hearing decision, a tenant will need to file for and be awarded a temporary injunction by the court. Tenants may also file an action for a due process violation under 42 USC 1983 if the decision or process do not comply with federal regulatory protections.

Reasons for a Termination

A housing authority is required to terminate a Section 8 voucher under certain circumstances. 42 USC 982.551, 42 USC 982.552, 42 USC 982.553. Those reasons include:

A household is evicted for a serious violation of the lease
A household does not submit consent forms required by the housing authority
A household does not submit evidence of citizenship or eligible immigration status
A household member is enrolled in a college or university and does not meet the strict eligibility requirements
A household member has ever been convicted for the manufacture or production of meth on the premises of federally assisted housing

A housing authority has discretion on developing policies on when to terminate a Section 8 voucher for certain circumstances. 42 USC 982.551, 42 USC 982.552, 42 USC 982.553. Those good cause reasons include:

Violating family obligations, such as not providing income recertification information, not allowing the housing authority inspect the home, not notifying the housing authority before they move or receive a lease termination notice, not notifying the housing authority of the birth or adoption of a child (pre-approval is not required for a minor to join the household but the household must notify the housing authority), not requesting approval before an adult moves into the home, not notifying the housing authority when a household member moves out
Committing a serious or repeated lease violation, such as repeatedly not paying rent or fees on time
A household member was evicted from other federally assisted housing in the last 5 years
Engaging in alcohol abuse, violent criminal activity, drug-related criminal activity, or other criminal activity that threatens residents in the immediate vicinity – but under the Violence Against Women Act (VAWA), a housing authority cannot terminate a Section 8 voucher of a victim of the domestic violence, sexual assault, or stalking. 34 USC 12491; 24 CFR 5.2005
Committing fraud or bribery in connection with a federal housing program
Owing rent to a housing authority in connection to a Section 8 voucher or public housing
Behaving abusively or violently toward housing authority staff, or threatening to do so

Mitigating Circumstances

The housing authority may terminate a tenant’s Section 8 voucher for the above reasons. However, the housing authority may consider reasons why it should not be terminated. These are mitigating circumstances that include:

All relevant circumstances should be considered, such as the seriousness of the case, the extent of participation or culpability of individual family members, mitigating circumstances related to the disability of a family member, and the effects of denial or termination of assistance on other family members who were not involved in the action or failure.
They can consider whether one person in the household is engaging in activity that is jeopardizing the housing of the other household members and they should be removed from the voucher, allowing the other household members to maintain the voucher.
If the issue is illegal drug use or alcohol abuse, they can consider whether the tenant is still using illegal drugs or abusing alcohol. The housing authority is not required to terminate if the person can show they completed or are in a rehabilitation program.
A voucher cannot be terminated for discriminatory reasons.
If a member of the household has a disability, the housing authority must make reasonable accommodations for that person.
The housing authority must follow the protections under VAWA for victims of domestic violence, sexual assault, and stalking.

The Rules