Resource Center

The Housing Choice Voucher Program

The Housing Choice Voucher Program (HCVP) was enacted in 1974 as Section 8 of the United States Housing Act. On the federal level, the Department of Housing and Urban Development (HUD) administers the program, and it is administered locally by public housing agencies (PHAs). In addition to the HCVP, many PHAs also administer public housing programs. Congress annually appropriates funds for the HCVP. Each PHA has a set number of vouchers that it is authorized to use each year. To maximize the number of families receiving assistance, advocates should work with PHAs to ensure that they are issuing all of their vouchers.

Most PHAs must submit to HUD an annual plan that sets forth certain local policies regarding the HCVP. PHAs must ensure that 75% of households newly admitted to the voucher program each year have incomes at or below 30% of area median income (AMI). Depending upon local policy, the remainder of the newly admitted households may have incomes of up to 80% of AMI.

When an HCVP applicant receives a voucher from the local PHA, the applicant must find a unit on the private market. The owner of the unit enters into a Housing Assistance Payment Contract with the PHA and signs a lease with the tenant. Because discrimination against voucher holders has been a significant problem, some jurisdictions have enacted source of income anti-discrimination laws that prohibit owners from refusing to rent to voucher holders. A key feature of the HCVP is portability, which permits voucher holders to move to the jurisdiction of another PHA and retain their assistance.

The maximum subsidy that a PHA may pay on behalf of a household is called the payment standard. The tenant’s portion of the rent is calculated at 30% of the household’s adjusted income. If the rent for the unit exceeds the payment standard, the household may pay more than 30% of income for rent.

During the term of the lease, a landlord may only evict a voucher tenant for good cause. Before a voucher can be terminated, the PHA must notify the household of the reasons for termination and provide a pre-termination hearing.

Vouchers may be used at the local level as Project-Based Vouchers (PBVs). A PHA may attach up to 20% of its voucher assistance to specific housing units if an owner agrees to rehabilitate or construct the units, or if an owner agrees to set aside a portion of the units in an existing development. A key benefit of PBVs is that they provide long-term affordable housing for very low and extremely low income households.

PHAs may also choose to participate in the Homeownership Voucher Program, which enables voucher holders to use their voucher assistance for mortgage payments or down-payments instead of rent.
Additionally, there are several voucher programs that are targeted to certain categories of families, including Welfare to Work, Family Unification, Mainstream (for persons with disabilities), and Veteran Affairs Supportive Housing (VASH). PHAs must apply for these vouchers through HUD by responding to notices of funding availability. PHAs also may receive Tenant Protection Vouchers and/or Enhanced Vouchers as a result of the loss of project-based federally assisted housing or public housing.


Articles

Court Finds Voucher Tenant Properly Asserted Section 1983 Action
This October 2008 NHLP Housing Law Bulletin article discusses a federal district court opinion that a tenant’s claims challenging a PHA’s termination of her voucher were enforceable under 42 U.S.C. § 1983.

Seattle Housing Authority Agrees to Broad Reforms for Voucher Termination Hearings
This August 2008 NHLP Housing Law Bulletin article provides an overview of a case in which the Seattle Housing Authority (SHA) signed a consent decree committing to substantially reform its termination hearings for Section 8 voucher holders after a lawsuit initiated by a Section 8 participant who alleged due process deficiencies in SHA’s practices and procedures in conducting termination hearings.

Courts Embellish Procedural Protections for Voucher Terminations
This February 2008 NHLP Housing Law Bulletin article discusses recent court cases that have provided some detail to the basic right of HCVP participants to due process protections before a PHA may terminate the voucher.

Policy Basics: The Housing Voucher Choice Program
This brief background sheet from the Center on Budget and Policy Priorities (CBPP) gives an overview of the Housing Choice Voucher Program.

Materials

Training materials
Powerpoint and outline on the voucher program from the Housing Justice Network Conference, December 6, 2008

NHLP, HUD Housing Programs: Tenants’ Rights
(3d ed. 2004 and 2006-2007 Supp.)

2009 Advocates’ Guide to Housing and Community Development Policy
National Low Income Housing Coalition

Section 8 Made Simple: A Guide to the Housing Choice Voucher Program (2nd Edition, June 2003)
Technical Assistance Collaborative

Sample comments submitted on PHA plans regarding Voucher utilization

Sample comments submitted on PHA plans regarding Project-Based Voucher program

Why Low Income Housing Providers Should Be Interested In Whether Vouchers Allocated Are Fully Used Locally
National Housing Law Project PowerPoint Presentations at the Housing California Conference, April 2009

Statutes, Regulations and Administrative References

Statutes

42 U.S.C. § 1437f(o) (the main provisions governing the voucher program)

§ 1437f(o)(13) (PHA project-based assistance)
§ 1437f(o)(15) (Homeownership option)

42 U.S.C. § 1437 (Declaration of policy and public housing agency organization)
42 U.S.C. § 1436a (Restrictions on use of assisted housing by non-resident aliens)
42 U.S.C. §§ 13661-4 (Safety and Security in Public and Assisted Housing)

Regulations

24 C.F.R. Part 982—Section 8 Tenant Based Assistance: Housing Choice Voucher Program

§ 982.625 (Homeownership Option)

24 C.F.R. Part 983—Project-Based Voucher (PBV) Program
24 C.F.R. Part 984—Section 8 and Public Housing Family Self-Sufficiency Program
24 C.F.R. Part 985—Section 8 Management Assessment Program (SEMAP)
24 C.F.R. Part 5—General HUD Requirements; Waivers
§ 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 Section 8 programs
§ 5.500-28 Restrictions on Assistance to Non-citizens
§ 5.601 et seq Income limits, definition of income, recertification and rents,
§ 5.615 Effect of welfare benefit reduction on family rent
§ 5.617 Earned income disregard for disabled voucher tenants
§ 5.630 Minimum rent
§ 5.801 Uniform Financial Reporting Standards

Subpart J—Access to Criminal Records and Information (§ 5.901-5.905).

Section 8 Housing Choice Vouchers: Implementation of the HUD-VA Supportive Housing Program, 73 Fed. Reg. 25,026 (May 6, 2008), as corrected 73 Fed. Reg. 28,863 (May 19, 2008)

HUD, Voucher Program Guidebook: Housing Choice, 7420.10G (April 2001)

Housing Assistance Payments Contract (HAP Contract) Section 8 Tenant-Based Assistance Housing Choice Voucher Program form HUD-52641 (exp.9/30/2010)

Tenancy Addendum Section 8 Tenant-Based Assistance Housing Choice Voucher Program, form HUD-52641 -A (exp.9/30/2010)

Voucher Housing Choice Voucher Program, form HUD-52646 (exp.9/30/2010)

Links

HUD’s Office of Housing Choice Vouchers

HUD Local Renting Information
HUD’s online resource for finding PHAs and housing in local areas.

HUD's Client Information and Policy System (HUDCLIPS)
HUD’s website on how to find HUD Guidebooks, Notices and forms, HUD's Client Information and Policy System.

HUD Powerpoint on “Implementation of 2009 Appropriations Housing Choice Voucher Program (May 5, 2009)
This information is useful in determining whether a PHA is fully using its available vouchers.

Housing Choice Voucher Program Support Division
This HUD website provides data on each PHA’s utilization of vouchers.

Center on Budget and Policy Priorities on Vouchers

Center on Budget and Policy Priorities on Voucher Utilization

National Low Income Housing Coalition

National Training and Information Center