Understanding Section 8 / Home Forward: Rules, Laws, and Best Practices
- Christian Bryant
- Mar 30
- 3 min read
Section 8, also known as the Housing Choice Voucher Program, is a federal initiative designed to assist low-income families, the elderly, and the disabled in affording safe and sanitary housing in the private market. This article provides a comprehensive overview of Section 8, focusing on its benefits for landlords, the application process, and best practices for compliance.
What is Section 8?
Section 8 is primarily funded by the federal Department of Housing and Urban Development (HUD) and administered by local government entities. Tenants typically wait between 6 to 24 months to receive assistance. As a landlord, you cannot refuse to consider applications from Section 8 tenants, nor can you advertise that you won't accept them. However, you can still screen applicants based on your criteria, adjusting for the tenant's portion of the rent.
Benefits for Landlords
Guaranteed Rent: Landlords receive 60-100% of the rent guaranteed by the government, with possible increases if the tenant's income decreases.
Longer Tenancies: Section 8 tenants tend to stay twice as long as other tenants.
Eviction Support: If a tenant fails to pay their portion of the rent, landlords can evict them while keeping the government assistance portion.
Case Manager Assistance: Section 8 case managers can help landlords with tenant issues, including reminding tenants of the consequences of eviction.
Yearly Inspections: These help catch unnoticed repair needs, ensuring the property remains in good condition.
Landlord Guarantee Fund: Access up to $5,000 for damages if the tenant owes at least $500 after deducting the deposit.
Application and Unit Approval Process
Tenant Application: Tenants apply and notify landlords of their Section 8 voucher. They pay the regular application fee and are screened using the landlord's criteria, adjusted for the tenant's portion of the rent.
Unit Approval: If approved, landlords complete Section 8 forms and return them to the Housing Authority (HA) promptly. The HA then schedules an inspection to ensure the unit meets HUD Housing Quality Standards and Oregon Habitability requirements.
Lease Agreement: Once the unit passes inspection, landlords use their standard rental agreement, typically requiring a one-year lease for the first year. The HA provides a Housing Assistance Payment (HAP) contract as an addendum to the lease.
During Residency
Landlords can follow their regular policies and procedures, including regular inspections and fair market rent increases. Tenants can still be evicted for violations or non-payment of their portion of the rent. HA rent payments are typically direct deposited monthly.
Non-Eligible Housing
Certain types of housing are not eligible for Section 8, including units owned by close relatives, college dorms, nursing homes, rural development projects, public housing projects, and HUD-subsidized projects.
If the Voucher is Revoked
If the HA revokes a tenant's voucher, the rental agreement and HAP contract are terminated. Landlords can continue renting to the tenant if they meet the regular income screening criteria or ask the tenant to vacate.
Penalties for Violations
Discriminating against Section 8 tenants is considered discrimination against a protected class and can result in lawsuits, fines, and significant financial penalties for landlords.
Conclusion
Understanding and complying with Section 8 regulations can provide significant benefits for landlords, including guaranteed rent and longer tenancies. For more detailed training and information, consider registering for our next live class or purchasing a video of the last session.
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References
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