Section 8 Policy and Guidelines
The Section 8 application process involves several steps to apply for and receive rental assistance through the Housing Choice Voucher Program.
Here's an outline of the process:
- Check Eligibility
- Income Limits
Section 8 is designed for low-income individuals and families. You must meet income requirements, which vary by area and family size. Typically, income must be below 50% of the area median income (AMI). - Citizenship Status
You must be a U.S. citizen or have eligible immigration status. - Other Factors
Some housing authorities may also consider family size, composition, and special needs (e.g., elderly, disabled). - Locate Your Local Public Housing Authority (PHA) -
You must apply through your local Public Housing Authority (PHA). Each PHA manages its own Section 8 program and has different application procedures, so it's important to check with them directly. - Visit the U.S. Department of Housing and Urban Development (HUD) website to find your local PHA. - Complete the Application
- Online or Paper
Some PHAs allow you to apply online, while others require paper applications. Follow the specific instructions from your PHA. - Required Information
You’ll need to provide detailed personal information, including: - Proof of identity (ID, Social Security numbers)
- Proof of income (pay stubs, tax returns)
- Family composition (number of members and their details)
- Asset information (bank accounts, property ownership)
- Submission
Submit the completed application to the PHA by the given deadline if there is one. - Waitlist
- Waitlist Status
Due to high demand, most PHAs have a waitlist for Section 8 vouchers. You may be placed on this list after applying, and wait times can vary significantly depending on your area. - Openings
Some PHAs open their waitlist for a limited time and prioritize applications based on local needs (e.g., homelessness, disability). - Priority Categories
Some individuals may receive priority based on factors like being homeless, elderly, disabled, or displaced. - Receive Notification
Once your name reaches the top of the waitlist, you’ll receive notification from the PHA. They will likely request additional documentation to confirm your eligibility before issuing a voucher. - Attend Briefing
After being approved, you may be required to attend a briefing session at the PHA to understand the rules and responsibilities of the Section 8 program. - Receive the Housing Voucher
The voucher will specify the amount of rent assistance you’re eligible for, based on family size and income. - Portability
Vouchers can sometimes be used in other areas, but this depends on the PHA’s rules. - Find a Rental Unit
You will have a certain period (usually 60-90 days) to find a rental unit that accepts Section 8 vouchers. - Meet Standards
The unit must meet HUD’s Housing Quality Standards (HQS), and the rent must be within the voucher’s payment standard for your area. - Inspection
The PHA will inspect the unit to ensure it meets safety and quality standards before approving your lease. - Sign a Lease and Pay Rent
Once the unit is approved, sign a lease with the landlord. The PHA will pay a portion of the rent directly to the landlord, and you’ll be responsible for paying the difference (usually 30-40% of your monthly income). - Ongoing Responsibilities
You must adhere to lease terms and notify the PHA of any income changes or changes in household composition. - Annual Recertification
Each year, you must undergo a recertification process with the PHA to confirm continued eligibility. This includes providing updated income and household information.
By following these steps and maintaining eligibility, you can successfully apply for and maintain Section 8 rental assistance.
If a property fails the Section 8 Housing Quality Standards (HQS) inspection, the following steps typically occur:
- Inspection Report
After the inspection, the Public Housing Authority (PHA) will provide a report outlining the reasons the property failed. This report will detail any deficiencies or safety issues that must be corrected before the property can qualify for Section 8. - Time to Make Repairs
The landlord is typically given a specific time frame to address the issues, often 30 days but sometimes less, depending on the severity of the problems. For urgent health or safety concerns, repairs may need to be made immediately (within 24 hours). - Re-inspection
Once the repairs are completed, the landlord must notify the PHA, and a re-inspection will be scheduled to verify that the deficiencies have been fixed.
If the repairs are minor, the PHA may accept photographic evidence or documentation in lieu of a physical re-inspection, though this depends on the PHA's policies. - Possible Outcomes
- Pass After Re-inspection
If the issues are fixed, the unit will pass the inspection, and the voucher holder can proceed with moving in. - Fail Again
If the property fails the re-inspection, the landlord may be given an additional opportunity to make repairs, but repeated failures could lead to more severe consequences. - Consequences for Landlord
- Loss of Participation
If the landlord does not complete the necessary repairs within the allotted time frame, they will not be able to rent the unit to Section 8 tenants, and the property will be deemed ineligible for the program. - Termination of Payments
If the tenant is already living in the unit and the landlord fails to make repairs after an annual inspection, the PHA can stop the housing assistance payments (HAP) to the landlord until the issues are resolved. - Tenant Relocation
In cases where the repairs are not completed and the property remains uninhabitable, the tenant may be given the opportunity to relocate using their Section 8 voucher to another unit that meets inspection standards. - Tenant's Role
Tenants should stay in communication with both the landlord and the PHA during the inspection process. If the landlord refuses to make repairs or the property repeatedly fails inspections, the tenant may need to find another property.
Landlords are generally motivated to fix any deficiencies since passing the inspection is required to participate in the Section 8 program and receive rental payments.
In Washington State, landlords cannot reject a tenant solely because they are using Section 8 vouchers. This is due to the state's Source of Income (SOI) Discrimination laws, which protect tenants who rely on various forms of legal income, including government assistance such as Section 8.
Key Points for Washington State:
- Source of Income Protection
Under Washington state law (RCW 59.18.255), landlords cannot discriminate against tenants based on their source of income, including housing subsidies like Section 8. - Seattle-Specific Regulations
In Seattle, the protections are even stricter. The city's Fair Chance Housing Ordinance makes it illegal for landlords to refuse Section 8 tenants, and they must accept any legal source of income when considering prospective renters. - Landlord Obligations
- Mandatory Participation
If a tenant qualifies for Section 8, landlords must accept the voucher if the tenant meets all other screening criteria (credit, background checks, etc.). - Compliance with Section 8 Requirements
Landlords must also ensure that the property meets the Housing Quality Standards (HQS) required by the Section 8 program, which includes passing inspections. - Exceptions
While landlords can't reject someone solely for using a voucher, they can still use other legitimate screening criteria like credit history, rental history, or criminal background, as long as it applies equally to all applicants and is not a way to indirectly reject Section 8 participants.
Rejecting Section 8 tenants in Washington or Seattle based solely on their participation in the program could lead to legal consequences for the landlord.
In Washington State, landlords must be careful when choosing a tenant from multiple applicants, including those with Section 8 vouchers, because of the Source of Income (SOI) discrimination laws. However, landlords are still allowed to select tenants based on other legitimate, non-discriminatory criteria, as long as they don't reject someone solely for using Section 8 or any other lawful source of income.
Key Points to Consider:
- Non-Discriminatory Screening
Landlords can choose an applicant based on factors like credit history, rental history, employment stability, or criminal background, as long as these criteria are applied equally to all applicants and not used to indirectly reject Section 8 tenants.
For example, if an applicant with a Section 8 voucher meets all screening criteria but another applicant is deemed more qualified (e.g., better credit, longer rental history), the landlord can lawfully select the other applicant. - Documentation
To protect themselves from claims of discrimination, landlords should document the reasons they chose a particular tenant and keep clear records of their application and screening processes.
Landlords should ensure their screening criteria are consistent and objective for all applicants to avoid any appearance of bias against Section 8 participants. - First-Come, First-Served (Seattle)
In Seattle, there's an additional regulation that complicates the selection process. Seattle's “First-Come, First-Served” law (as part of the city's Fair Housing policies) mandates that landlords must accept the first qualified applicant, which means they may not have the freedom to pick and choose if one applicant meets all screening criteria before others.
In this case, if the Section 8 applicant applies first and qualifies, the landlord must rent to them unless they have a valid, documented reason for disqualifying them (unrelated to the voucher). - Fair Housing Implications
Landlords must ensure that the choice of a tenant is based on legitimate, non-discriminatory reasons to avoid violating fair housing laws.
Rejecting a Section 8 tenant for reasons unrelated to their qualifications (such as concerns about the Section 8 process) could be interpreted as discrimination.
In summary, a landlord in Washington or Seattle can select another applicant over a Section 8 tenant if the decision is based on valid screening criteria that are applied consistently. However, they cannot reject a Section 8 applicant solely because they use a voucher. In Seattle, they must also follow the "first-come, first-served" rule for qualified applicants.
