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National Housing Law Project
Section 8 Housing

Section 8 Housing -- Certificate and Voucher Program

General Authorities and Information

Information Packets

Project-Based Vouchers. A certain percentage of a local housing agency's Housing Choice Vouchers may be set aside as Project-Based Vouchers. 42 U.S.C sec. 1437f(o)(13). HUD issued final regulations regarding the Project-Based Voucher (PBV) program. 70 Fed. Reg. 59,892 (Oct. 13, 2005). (Click here for information about the PBV program.)

Source of Income 2005

UPDATED Voucher Funding 2005

Eviction of Innocent Tenants Due to the Acts of Others and HUD's "One Strike" Policy

Earned Income Disregard (EID) Packet for Public Housing Voucher Program and Other Housing Programs [EID Law Enacted October 28, 1998]

Pre-1998 Packet: Earned Income Disregard for Public Housing and Section 8 Certificate and Voucher Program. [For Claims under Prior Law]

Non-discrimination Against Voucher Holders

90-day Notice for Termination of Tenant-Based Section 8 Assistance in California

90-Day Notice for Termination of Tenant-Based Section 8 Assistance in California and Implementation of Prohibition Against "Source of Income" Discrimination in California

Sample Notices for use to inform California Public Housing Authorities, tenants, landlords, and trial courts of Wastach Property Management v. Degrate, the California Supreme Court decision regarding 90-days notice. Click on WordPerfect, Microsoft Word, PDF file.

Section 8 Homeownership Program

Source of Income Discrimination Protections for Section 8 Tenant-Based Assistance in California

CBP&P and NHLP PowerPoint from Teleconference, April 14, 2004 (also available in PDF format), and List of Materials and Resources (Training materials from the teleconference on The Effect of FY 2004 Voucher Renewal Funding on Voucher Utilization and Lease Up). NHLP Powerpoint

HUD PowerPoint, Housing Choice Voucher Program FY 2004 Appropriations Implementation (06142004) (HUD used this PowerPoint in an audio teleconference for housing authority staff)

RECENT DEVELOPMENTS
  1. Legislation
  2. Regulations
  3. HUD Notices
  4. Cases

GENERAL AUTHORITIES AND INFORMATION

SECTION 8 CERTIFICATE AND VOUCHER PROGRAMS

Description: Housing assistance, in the form of direct payments to private landlord, secured from a local housing authority that low-income people can use to rent apartments and homes on the private market. Under the certificate program, the tenant must lease a qualified apartment that rents for an amount that does not exceed the HUD’s Fair Market Rents for the area. The tenant then pays 30% of household income for rent, with the balance paid by the housing authority directly to the landlord. Under the voucher program, the unit rent may exceed the payment standard, however, the household will have to pay the excess of the actual rent above the payment standard in addition to paying 30% of household income. The two programs have recently been merged into the voucher program and the certificate program is being phased out. See generally, HUD Housing Programs: Tenants’ Rights and 1998 Supplement, Sec. 1.3.7 Order Form.

HUD Administration

List of Public and Indian Housing (PIH) Central Office Staff at http://www.hud.gov/pih/dirpih.html

List of PIH Field Offices and Personnel at http://www.hud.gov/pih/aboutpih/fieldoffices/fldoffcs.html

Statute: United States Housing Act of 1937, 42 U.S.C.A. §§ 1437f

As amended by the Quality Housing and Work Responsibility Act of 1998, Title V of Pub. L. No. 105-276, 112 Stat. 2461, 2518 (October 21, 1998). The 1998 Housing Act can also be downloaded on the world wide web by searching for "Public Law 105-276" at www.access.gpo.gov/nara/nara005.html.

  Regulations : On May 14, 1999, HUD published interim regulations for the new voucher program and for the conversion of the current certificates to vouchers. 64 Fed. Reg. 26631 (May 14, 1999). Those regulations become effective August 12, 1999. The citations, below, are to current regulations.

-- 24 C.F.R.:

§ 5.100 General Definitions
§ 5.110 Waiver authority
§ 5.210-18 Disclosure of Social Security Numbers
§ 5.230-38 Procedures for Securing Wage and Income information
§  5.403 Definitions for Certificates and Vouchers
§ 5.405-30 Federal Preference Regulations, to be amended because of statutory repeal
§ 5.500-28 Restrictions on Non-citizens’ Eligibility
§  5.601-17 Income limits, definition of income, recertification and rents
§  792 PHA Section 8 Fraud Recoveries
§  888 Fair Market Rents
§ 903 Public Housing Agency Plans
§  982 Basic Certificate & Voucher Regulations
§  983 Project-Based Certificate Program
§  984 Family Self-Sufficiency
§  985 Section 8 Management Assessment Program Handbooks:
7420.3 Section 8 Housing Assistance Payments Program Existing Housing and Moderate Rehabilitation Processing, REV-2, (1/81 with changes through CHG-18, 2/93)

7420.6 HOUSING ASSISTANCE PAYMENTS PROGRAM ACCOUNTING HANDBOOK (2/78, with CHG-2 dated 3/13/81)

7420.7 Public Housing Agency Administrative Practices Handbook for the Section 8 Existing Housing Program (NOVEMBER 1979 through CHG-12 dated 3/93).

7420.8 Section 8 Rental Certificate, Rental Voucher and Moderate Rehabilitation Programs Forms, Legal Contracts, and Publications (September 30, 1993, through CHG-2 dated 12/97).

RECENT DEVELOPMENTS

LEGISLATION

    P.L. 106-276 – The Quality Housing and Work Responsibility Act of 1998, Title V of Department of Veterans Affairs, Housing and Urban Development and Independent Agencies, Appropriations Act, Fiscal 1999. Available for downloading by searching for "Public Law 105-276" at www.access.gpo.gov/nara/nara005.html.
REGULATIONS
  1. TENANT-BASED SECTION 8 RENEWAL RULE, an updated version of an article by Barbara Sard that first appeared in the January 2000 issue of the Housing Law Bulletin describing the final regulations governing renewal of Section 8 tenant-based assistance contracts. To retrieve an actual copy of the regulations, go to http://www.access.gpo.gov/su_docs/aces/aaces002.html, select the "Federal Register, Volume 64 (1999)" database and type in "page 56882" and click on "submit".
  2. Section 8 Tenant-Based Assistance; Statutory Merger of Section 8 Certificate and Voucher Programs; Interim Rule, 64 Fed. Reg. 26631 (May 14, 1999). To retrieve actual copy of the document, go to http://www.access.gpo.gov/su_docs/aces/aaces002.html select the "Federal Register, Volume 64 (1999)" database and type in "page 26631" and click on "submit".
  3. Revised Restrictions on Assistance to Noncitizens; Final Rule, 24 C.F.R. Part 5, Subpart D (1999), published at 64 Fed. Reg. 25725 (May 12, 1999); Go to http://www.access.gpo.gov/su_docs/aces/aaces002.html select the "Federal Register, Volume 64 (1999)" database and type in "page 25725"
  4. Quality Housing and Work Responsibility Act; Initial Guidance Update; Clarification and Technical Corrections, 64 Fed. Reg. 23344-23345 (April 30, 1999). Go to http://www.access.gpo.gov/su_docs/aces/aaces002.html, select the "Federal Register, Volume 64 (1999)" database and type in "page 23344".
  5. Changes to Admission and Occupancy Requirements in the Public Housing and Section 8 Housing Assistance Programs; Proposed Rule, 64 Fed. Reg. 23459 (April 30, 1999). Go to http://www.access.gpo.gov/su_docs/aces/aaces002.html select the "Federal Register, Volume 64 (1999)" database and type in "page 23459".
  6. Section 8 Homeownership Program; Proposed Rule, 64 Fed. Reg. 23487 (April 30, 1999). Go to http://www.access.gpo.gov/su_docs/aces/aaces002.html select the "Federal Register, Volume 64 (1999)" database and type in "page 23487".
  7. Section 8 Certificate and Voucher Programs Conforming Rule, 63 Fed. Reg. 23,826 (April 30, 1998). Go to http://www.access.gpo.gov/su_docs/aces/aaces002.html, select the "Federal Register, Volume 63 (1998)" database and type in "page 23826".
  8. Fair Market Rents for the Section 8 Housing Assistance Payments Program — Fiscal Year 1999, 24 C.F.R. Part 888, 63 Fed. Reg. 52857-52917 (Oct.1, 1998). Go to http://www.access.gpo.gov/su_docs/aces/aaces002.html, select the "Federal Register, Volume 63 (1998)" database and type in "page 52857".
  9. Proposed Fair Market Rents for the Section 8 Housing Assistance Payments Program — Fiscal Year 2000, 24 C.F.R. Part 888, 64 Fed. Reg. 24865 (May 7 , 1999). Go to http://www.access.gpo.gov/su_docs/aces/aaces002.html, select the "Federal Register, Volume 64 (1999)" database and type in "page 24865".
  10. Renewal of Section 8 Tenant-Based Assistance Contracts; Notice, 64 Fed. Reg. 8187 (Feb. 18, 1999) Go to http://www.access.gpo.gov/su_docs/aces/aaces002.html, select the "Federal Register, Volume 64 (1999)" database and type in "page 8187".
  11. Section 8 Rental Voucher and Certificate Programs; Restrictions on Leasing to Relatives; Final Rule, 63 Fed. Reg. 27433 (May 18, 1998). Go to http://www.access.gpo.gov/su_docs/aces/aaces002.html, select the "Federal Register, Volume 63 (1998)" database and type in "page 27433"
  12. Section 8 Rental Voucher and Certificate Programs and Section 8 Management Assessment Program (SEMAP) Establishment; Final Rule, 64 Fed. Reg. 48547 (September 10, 1999). Go to http://www.access.gpo.gov/su_docs/aces/aaces002.html, select the "Federal Register, Volume 63 (1998)" database and type in "page 48547".
HUD NOTICES*

Available only in Adobe .pdf file. You can download a free reader here.

  1. Procedures to Avoid Displacement of Section 8 Program Participants Receiving Rental Assistance from Indian Housing Authorities; Notice PIH 98-38 (ONAP) (July 9, 1998)
  2. Public Housing, Native American and Section 8 Fiscal Year 1998 Appropriations Act and Balanced Budget Act of 1997 Provisions Notice PIH 98-4 (HA) (Jan. 26, 1998)
  3. Renewal of Expiring Contracts in the Section 8 Rental Certificate and Rental Voucher Programs during Fiscal Year 1998 Notice PIH 98-25 (Apr. 23, 1998)
  4. Procedures for Calculating Earned Administrative Fees in the Section 8 Rental Certificate, Rental Voucher, and Moderate Rehabilitation Programs Notice PIH 98-27 (Apr. 24, 1998)
  5. Tenant-Based Rental Vouchers or Certificates for Eligible Residents of Preservation-Eligible Projects Approved for Prepayment of the Mortgage or Voluntary Termination of the Mortgage Insurance in Federal FY 1998 PIH 98-19 (Apr. 3, 1998)
  6. Revised Consolidated Annual Contributions Contract for the Section 8 Rental Certificate and Rental Voucher Programs. Notice PIH 98-21 (Apr. 21, 1998)
  7. Instructions for Obtaining FBI Criminal History Record Information. Notice PIH 98-20 (Apr. 7, 1998)
  8. Amending Section 8 Annual Contribution Contracts to Add Budget Authority for Additional Authorized Units, Notice PIH 98-22 (Apr. 10, 1998)
  9. Form HUD-50058 -- Special Instructions for the Section 8 Certificate Over-FMR Tenancy Option, Notice PIH 98-13 (HA) (Feb. 20, 1998)
  10. SECTION 8 CERTIFICATE AND MODERATE REHABILITATION PROGRAMS -- RENT ADJUSTMENTS, Notice PIH 97-57 (HA) (Nov. 19, 1997)
  11. Earnings Disregards, HUD, Notice PIH 98-2 (January 12, 1998).
  12. QUESTIONS AND ANSWERS CONCERNING SOCIAL SECURITY (SS) AND SUPPLEMENTAL SECURITY INCOME (SSI) VERIFICATION, Notice PIH 97-32 (HA) (June 26, 1997)
  13. Accounting and Financial Management Procedures for the Portability provisions of the Section 8 Certificate and Voucher programs, Notice PIH 96-54
  14. HUD Notice, PIH-7, on rules for implementing the changes made to the certificate and voucher programs by the Balanced Budget Downpayment Act, Pub. L. No. 104-99.

    15.  

     * HUD Notices are also available at http://www.hudclips.org/sub_nonhud/cgi/hudclips.cgi

CASES

Sabi v. The Donald T. Sterling Corp, et al. Complaint For Damages, Declaratory And Injunctive Relief alleging: 1. Violation of California Unruh Civil Rights Act, 2. Violation of California Fair Employment and Housing Act (Source of Income), 3. Violation of California Fair Employment and Housing Act (Disability), 4. Violation of California Civil Code § 54.1, 5. Violation of California Unfair Business Practices Act and 6. Negligence.

Wasatch Property Management v. Degrate, (Civ. No. D0 39656, Calif. Court of Appeals, 4th District 1, Nov. 19, 2002):  The California Court of Appeal held that California Civil Code section 1954.535 requires a 90 day notice for a termination of the Section 8 Housing Assistance Payment Contract in non rent control jurisdictions, and that the tenant’s Voucher lease addendum requires good cause for termination of the tenancy in the absence of a change in the lease to eliminate the cause provisions. Click here for the brief. Click here for the opinion. The California Supreme Court affirmed the decision of the Court of Appeals. See 35 Cal. 4th 111, 29 Cal. Rptr. 3d 262 (2005), or click here for the opinion.

Rucker v. Davis, 98-16322, ___F.3rd __ (9th Cir. Jan. 24, 2000)(En Banc). Court of Appeals invalidates HUD's one-strike regulations because, as applied to innocent tenants, they are inconsistent with the authorizing statute. It upholds the district court's decision to preliminarily enjoin the Oakland (CA) Public Housing Authority from evicting four residents pursuant to those regulations. The decision reverses an earlier 2-1 panel decision of the same court, reported at 203 F.3d 627. For subsequent information regarding Rucker v. Davis, click here.
 
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