Risks of Renting to Section 8 Tenants (2024)

Section 8, also known as the Housing Choice Voucher Program, is a rental-assistance program run by the U.S. Department of Housing and Urban Development (HUD) for low-income families, people with disabilities, or the elderly.

Renting to Section 8 tenants has a number of benefits, including guaranteed monthly rent payments from the government and a large pool of prospective tenants. But it also has potential downsides, such as additional rules and regulations you need to follow. Consider these risks of the Section 8 program for landlords before deciding if it’s right for you.

Key Takeaways

  • Funded by the HUD and administered by local public housing agencies (PHAs), the Section 8 program provides rental assistance to low-income Americans.
  • Landlords who rent to Section 8 tenants must pass inspections every one to two years and set rental prices in accordance with the Fair Market Rent (FMR) calculated by HUD.
  • The Section 8 program does not cover security deposits, so a landlord who charges one will have to collect it directly from tenants.

Security Deposits Are Not Paid by Section 8

The Section 8 program provides housing vouchers that subsidize tenants’ monthly rent. Tenants typically pay up to 30% of their monthly adjusted income, while the government covers the rest. However, the program does not cover a security deposit. It may be tricky to collect one from a Section 8 tenant who has low income and may not be able to afford it on their own.

Note

Security deposits can protect landlords from damage to property or unpaid rent. The amount you can collect is determined by your state’s security deposit limit.

Frequent Section 8 Inspections

Another potential disadvantage of renting under Section 8 is the program’s required inspections. Your local public housing authority will send an inspector to your property before a tenant moves in and every one to two years after that, even if there’s been no tenant turnover.

Your unit must meet HUD’s Housing Quality Standards for safety and health. Some of the 13 areas an inspector will look at are the unit’s sanitary system, lead-based paint, water supply, electrical, and smoke detectors.

Note

The inspection might not present an issue if your property is in good shape. Plus, if you don’t pass, you can make fixes and schedule another inspection.

However, it may be a stressful part of Section 8 that’s worth considering before you participate in the program.

Tenant Moves in Before You Collect Rent

When you invite full-paying tenants into your building, they often pay first and last month’s rent upfront, along with a security deposit. With the Section 8 program, the tenant moves in before you receive your first rent payment. You also may have to wait for some time before receiving that initial rent payment as your local PHA processes paperwork and completes your property inspection.

Note

Delayed rent payments could present a problem if you’re unable to afford your mortgage without collecting rent immediately.

If you can wait a couple of months though, you’ll start getting HUD rent payments reliably every month for the duration of the tenant’s stay.

Non-Section 8 Tenants May Not Want To Live at the Property

If you open your property to Section 8 tenants, you may find that full-paying tenants are hesitant to move in. Some renters may associate Section 8 housing with run-down properties or have negative stereotypes about their low-income neighbors.

Note

In some areas, such as the state of New Jersey, it may be illegal for landlords to turn away tenants just because they are paying with Section 8 assistance.

While you can’t help other peoples’ opinions, you can put effort into maintaining your property. Stay up-to-date with maintenance, make public areas aesthetically pleasing, and invest in landscaping and gardening.

Keeping your property in good shape will encourage other renters to move in.

Section 8 Sets Rent Amount

Another potential disadvantage of renting to Section 8 tenants has to do with the price of rent. The program will only pay 90% to 110% of the fair market rent for your property and area, as determined by HUD.

When a Section 8 tenant submits a rental application, HUD approves a voucher amount based on family size and number of bedrooms. If HUD determines that the fair market value of a two-bedroom unit in your building is $800 per month, for example, you’ll need to rent it at that amount or less.

Depending on your area, you might find that you can collect higher rents from non-Section 8 tenants.

More Restrictions Around Evicting Tenants

If a rental arrangement is not working out, you may have more trouble evicting a Section 8 tenant compared to a full-paying tenant due to regulations from your local housing authority. While eviction procedures must always abide by state and local laws, they require additional documentation for Section 8 tenants.

You’ll need to send paperwork throughout the process to your local housing authority office, including copies of notices you sent to the tenant explaining the violations and corrections they needed to make. If you want to bring the tenant to court, you may need permission from the housing authority, as well.

That said, Section 8 tenants know they will lose their voucher if they get evicted. Chances are, they’ll make efforts to resolve any problems to avoid this scenario.

Frequently Asked Questions (FAQs)

Does Section 8 pay the first month’s rent?

The Section 8 program pays monthly rent payments, but the first payment is only sent after the tenant has moved in. Once the first payment has been sent, landlords can expect consistent monthly payments to follow.

Can Section 8 tenants pay more than their voucher amount?

Section 8 tenants can pay a greater proportion of their income if the rent exceeds their voucher amount. Typically, renters don’t have to pay more than 30% of their adjusted income. In the case of a pricier housing unit, renters may pay up to 40% of their adjusted income.

What is the Section 8 program?

The Section 8 program, also known as the Housing Choice Voucher Program, is a rental-assistance program funded by the U.S. Department of Housing and Urban Development (HUD). It provides vouchers to low-income Americans, people with disabilities, and elederly people to subsidize the cost of rent at approved properties.

Risks of Renting to Section 8 Tenants (2024)

FAQs

Risks of Renting to Section 8 Tenants? ›

The Appellate Division has ruled in the Franklin Tower case that this statute prohibits landlords from discriminating and refusing to take Section 8 payments. This law clearly applies to apartment and garden apartment type rentals.

What are some common mistakes a person might make when renting an apartment or other housing? ›

Here's a look at how new and seasoned tenants can navigate the sometimes confusing rental process.
  • Renting sight unseen. ...
  • Forgetting to check the details. ...
  • Failing to document the apartment's condition. ...
  • Skipping renters insurance. ...
  • Not communicating with your landlord or management company.
Apr 15, 2014

Do all landlords in NJ have to accept Section 8? ›

The Appellate Division has ruled in the Franklin Tower case that this statute prohibits landlords from discriminating and refusing to take Section 8 payments. This law clearly applies to apartment and garden apartment type rentals.

What's the most Section 8 will pay? ›

The maximum housing assistance is generally the lesser of the payment standard minus 30% of the family's monthly adjusted income or the gross rent for the unit minus 30% of monthly adjusted income.

Can a landlord refuse Section 8 in New York state? ›

The Law. It is illegal to be denied a housing opportunity because of a lawful source of income. Lawful source of income includes income from Social Security, or any form of federal, state, or local public assistance or housing assistance including Section 8 vouchers.

What are the dos and don'ts of renting an apartment? ›

Here are some essential dos and don'ts for the tenant's life.
  • Do: Always Pay Your Rent on Time. ...
  • Do: Help in Maintaining the Property. ...
  • Don't: Make Major Renovations. ...
  • Don't: Use a Hammer for Any Project. ...
  • Don't: Go Crazy with Paint. ...
  • Wrapping Up.
Mar 31, 2022

Which three of the following are disadvantages associated with renting? ›

In short, the landlord can increase the rent at any time, cannot build equity if you're renting a property,there are no tax benefits to renting a property, you cannot make any changes to your house or your apartment without your landlord's approval etc.

What state has the highest Section 8 housing? ›

According to HUD data, there were 2,262,451 vouchers in use across the country as of November 2022. California, New York and Texas have the most, with a combined 687,000 vouchers, according to the data.

Can section 8 check your cash app? ›

No. Instruments such as PayPal, Venmo, Zelle, and Cash App are not considered financial institutions and PHAs are not required to verify deposits and transactions made through them.

How much is a 2 bedroom section 8 voucher in NY? ›

Bedroom SizePayment Standard ($)
2$3,027
3$3,777
4$4,070
5$4,680
5 more rows

What are the rules for Section 8 in NY? ›

Whether you are a new applicant to the Section 8 program or a current tenant transferring to a new unit, the tenant portion of the rent cannot exceed 40% of a family's monthly adjusted gross income at initial rental. NYCHA will conduct an affordability test to ensure that the unit is affordable.

Can you evict Section 8 tenants NYC? ›

You will receive written information about the outcome of your appeal. Learn more about HPD Section 8 termination and appeals. During the lease term, the owner may evict a Section 8 tenant due to violations of the lease.

Can a landlord enter without permission in NY State? ›

Generally no. However, a landlord may enter a tenant's apartment in some situations. Your landlord can enter your apartment at any time and without notice in an emergency, and at a reasonable time after providing appropriate notice if the entry is either: To provide necessary or agreed upon repairs or services, or.

What is one bad thing about renting? ›

Likely the biggest disadvantage of renting a home is the fact that rent doesn't earn you home equity. Rather, it earns your landlord equity or just goes straight into their pocket. For this reason, many renters will likely aspire to put their dollars to good use by purchasing a property.

What is one of the biggest problems associated with renting a home? ›

Before you sign a lease, review the common pitfalls below to avoid a mistake that could cost you for months to come.
  • Pitfall #1: Paying too much in rent. ...
  • Pitfall #2: Skimming the lease. ...
  • Pitfall #3: Overlooking utilities and amenities. ...
  • Pitfall #4: High utility bills. ...
  • Pitfall #5: Not protecting a security deposit.
Apr 17, 2024

What makes a bad apartment? ›

If there are major maintenance issues. Apartment buildings house tens, hundreds, or even thousands of people, so it's normal to see a small amount of wear and tear. But the apartment's staff should keep up with the major maintenance, like plumbing, security, and pest control, at a fairly quick pace.

What is one disadvantage of renting an apartment vs owning a home? ›

You cannot build equity if you're renting a property. It will be your home, but it won't be your asset. There are no tax benefits to renting a property. You cannot make any changes to your house or your apartment without your landlord's approval.

Top Articles
Latest Posts
Article information

Author: Pres. Carey Rath

Last Updated:

Views: 5945

Rating: 4 / 5 (41 voted)

Reviews: 88% of readers found this page helpful

Author information

Name: Pres. Carey Rath

Birthday: 1997-03-06

Address: 14955 Ledner Trail, East Rodrickfort, NE 85127-8369

Phone: +18682428114917

Job: National Technology Representative

Hobby: Sand art, Drama, Web surfing, Cycling, Brazilian jiu-jitsu, Leather crafting, Creative writing

Introduction: My name is Pres. Carey Rath, I am a faithful, funny, vast, joyous, lively, brave, glamorous person who loves writing and wants to share my knowledge and understanding with you.