What is the Housing Choice Voucher program?

The Housing Choice Voucher program (commonly called Section 8) is a federal rental assistance program administered by local public housing authorities (PHAs). The tenant pays a portion of the rent (typically 30% of their adjusted gross income), and the PHA pays the rest directly to the landlord under a Housing Assistance Payment (HAP) contract. The tenant chooses any private rental unit that meets the program's requirements.

Can I refuse to rent to someone who has a Section 8 voucher?

It depends on your state and city. Federal fair housing law does not prohibit source-of-income discrimination. However, about 20 states and many cities have enacted their own laws that prohibit landlords from refusing to rent to someone solely because they have a housing voucher. If you are in one of those jurisdictions, turning away a qualified applicant because of their voucher may be illegal. Check your local law.

What is a HAP contract?

A Housing Assistance Payment (HAP) contract is an agreement between the landlord and the local public housing authority. It sets out the terms of the assistance payment, the landlord's obligations (primarily maintaining the unit in compliance with HUD Housing Quality Standards), and the conditions under which payments can be suspended or terminated. You sign both the HAP contract and the regular lease with the tenant. The two documents coexist.

What does the HUD inspection cover?

Before a voucher tenant can move in, the unit must pass an HQS (Housing Quality Standards) inspection by the local PHA. The inspection covers structural safety, electrical and plumbing, heating, ventilation, lead-based paint (for pre-1978 units with children), smoke detectors, and general habitability. Minor issues usually require a follow-up inspection after repair. Major issues can delay or prevent the move-in. Annual inspections are typically required while the tenancy continues.

How is the rent amount determined for Section 8 tenants?

The PHA sets a "payment standard" based on HUD's Fair Market Rent for the area. The total contract rent (what you charge) must be reasonable compared to similar unassisted units in the area. The PHA will verify rent reasonableness before approving the tenancy. You can use our Fair Market Rent Lookup tool to see the HUD data for your county and bedroom size.

What happens if I need to evict a Section 8 tenant?

The eviction process is essentially the same as for any other tenant: you follow your state's normal procedure. However, you must also notify the PHA in writing. If the court grants possession, the HAP contract terminates. You cannot simply stop accepting voucher payments and expect the tenant to leave; you must go through the court process.

What are the landlord's main obligations under the program?

Maintain the unit in compliance with HQS at all times, allow PHA inspections, give proper notice before entry for non-emergency repairs, not charge the tenant more than their share of the approved contract rent, and notify the PHA of any lease violations or changes. Collecting extra payments from the tenant above their authorized share is a violation of the HAP contract.

Section 8 / Housing Choice Voucher Tenants

Renting to a voucher holder adds a third party to the relationship: the local housing authority. Understanding how the program works makes it much less complicated in practice.

How the program works, step by step

A tenant with a Housing Choice Voucher finds a unit they want to rent. They bring the voucher to the landlord, who must be willing to participate in the program. If the landlord agrees:

The landlord submits a request for tenancy approval to the local public housing authority (PHA).
The PHA inspects the unit for HUD Housing Quality Standards (HQS) compliance.
If the unit passes, the PHA approves the rent amount (verified as reasonable for the market).
The landlord and the PHA sign a Housing Assistance Payment (HAP) contract.
The landlord and the tenant sign a regular lease.
The tenant pays their portion (typically around 30% of adjusted income), and the PHA pays the rest directly to the landlord each month.

The inspection requirement

The HQS inspection is not optional. No voucher payment can begin until the unit passes. The inspection covers:

Structural integrity: safe floors, walls, ceilings, stairs.
Electrical: no exposed wiring, working outlets, functional lighting.
Plumbing: running hot and cold water, working toilets, no leaks.
Heating: adequate heat for the climate.
Smoke and carbon monoxide detectors.
Lead-based paint: additional requirements for pre-1978 units where children under six will live.
General habitability: no serious pest infestations, no mold, weather-tight windows and doors.

Minor issues can usually be corrected quickly. Plan a pre-inspection walkthrough to address obvious items before the official inspection. Annual re-inspections are required while the tenancy continues.

The lease and the HAP contract: how they coexist

The tenant signs a regular residential lease with you directly. The HAP contract is a separate document between you and the PHA. Both are in effect simultaneously.

The lease must comply with HUD requirements in addition to state law. The PHA will typically provide an HUD-required lease addendum that overrides any conflicting lease terms. Pay attention to what it says: it covers things like the tenant's right to terminate with 30 days notice, limitations on lease clauses, and prohibited fees.

Use our Fair Market Rent Lookup to understand what HUD considers fair market rent for your area, which is the benchmark the PHA uses when setting the payment standard.

Rent amount: what the PHA will and will not approve

The PHA sets a payment standard for your area, based on HUD Fair Market Rent data by bedroom size. Your total contract rent must fall at or near that standard and must be "rent reasonable" (comparable to similar unassisted units in the area).

You cannot charge the voucher tenant a higher rent than you charge other tenants for comparable units. You also cannot collect any extra payments from the tenant beyond their approved share. If you want to charge above the PHA's payment standard, the tenant must make up the difference from their own funds, and the PHA must approve the overall arrangement.

Source-of-income protections: can you decline a voucher holder?

Federal fair housing law does not require landlords to accept housing vouchers. However, roughly 20 states and many major cities have added source-of-income protections to their local fair housing laws. In those jurisdictions, refusing to rent to an otherwise-qualified applicant solely because they have a voucher is illegal.

States with statewide source-of-income protections include California, Connecticut, Delaware, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, and several others. Many additional cities in other states have passed similar local ordinances. Check your specific jurisdiction before declining a voucher applicant.

Create a Residential Lease Agreement

Eviction and termination under the program

Evicting a voucher tenant follows the same legal process as any eviction in your state: proper notice, filing in housing court if the tenant does not leave, and obtaining a court order before the tenant must vacate. You must also notify the PHA in writing of any eviction action.

Non-renewal is allowed: at the end of the lease term, you can choose not to renew with proper notice, with or without cause in most states. In states with just-cause eviction requirements, you may need a specific reason.

Bottom line

Voucher tenants come with guaranteed partial rent paid directly by a government agency and slightly more paperwork upfront. For many landlords, that trade-off makes sense. The key is to understand the three-party structure before signing, keep the unit in HQS compliance, and use a proper written lease that works with the HAP contract.