Section 8 Housing Choice Voucher Termination (2024)

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For voucher terminations, it is the local public housing agency (PHA), not the landlord, who terminates the voucher. There are specific federal regulations that lay out when a PHA can terminate a voucher and when a PHA must terminate a voucher.

The mandatory grounds (i.e., required reasons) for which a PHA must terminate a voucher are:

  • an eviction for a serious violation of the lease (e.g., failure to pay rent or other amounts due under the lease);
  • a family member fails to sign consent forms;
  • a family fails to establish citizenship status or eligible immigration status within the required timeframes;
  • a family member enrolled in higher education does not meet the eligibility requirements; and
  • certain types of criminal activity and drug/alcohol abuse.

NOTE: Even though these are mandatory grounds, termination is not necessarily automatic. See the section below about mitigating circ*mstances that the PHA can consider.

In addition, the PHA may terminate a Section 8 voucher if you violate a family obligation, such as you fail to:

  • supply required information;
  • fix any Housing Quality Standards breach caused by the family;
  • make the unit available for Section 8 inspections;
  • notify the housing authority and landlord when the family moves;
  • not to commit any serious or repeated lease violation;
  • provide the housing authority with any lease termination/eviction notices;
  • use and occupy the unit within guidelines;or,
  • notify the housing authority of any family absence from the unit.

Additional discretionary reasons a PHA may terminate a Section 8 voucher include if you or a family member:

  • commit fraud or other program violation;
  • engage in alcohol abuse or drug-related or violent criminal activity or activity that threatens the health, safety or right to peaceful enjoyment of other residents or persons residing in the immediate vicinity;
  • have been evicted from HUD housing in the last 5 years;
  • have been terminated from the Section 8 program;
  • commit fraud, bribery or any other corrupt criminal act in connection with any federal housing program;
  • have an outstanding debt owed to any housing authority in connection with Section 8 or public housing;
  • violate a payment/repayment agreement to a housing authority;
  • Fail to reimburse the PHA for payments paid by the PHA to the landlord for amounts owed by the tenant under the lease;
  • fail to comply with the family self-sufficiency program (if applicable);
  • show abusive conduct or threatens abusive conduct towards housing authority personnel; or,
  • willfully and persistently fail to fulfill welfare-to-work requirements (if applicable).

Mitigating Circ*mstances - The PHA may consider "mitigating" circ*mstances before terminating the Section 8 voucher. Mitigating circ*mstances can include all relevant circ*mstances, such as:

  • the seriousness of the case;
  • the extent of participation or culpability of individual family members;
  • the disability of a household member; and
  • The effect of termination of assistance on innocent household members.

NOTE: There may be additional protections against voucher termination for survivors of domestic violence, dating violence, sexual assault or stalking under the federal Violence Against Women Act and Maryland law.

Review the materials you received from the PHA carefully. Contact your local PHA for more information.

Read the Law: Code of Federal Regulations, Title 24, §982.551, §982.552, and §982.553

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Is this legal advice?

This site offers legal information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options. However we do not provide legal advice - the application of the law to your individual circ*mstances. For legal advice, you should consult an attorney. The MarylandThurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland Thurgood Marshall State Law Library, 2024.”

Section 8 Housing Choice Voucher Termination (2024)

FAQs

How do I fight a Section 8 termination in California? ›

You have ten days to request an informal hearing to challenge the termination decision. The Housing Authority will try to resolve the conflict before a hearing. You may also work to resolve the issue before the hearing.

How do I remove someone from my Section 8 voucher California? ›

Submit your request (in writing) or through the Tenant Portal to your Housing Specialist, advising who you would like to remove. Provide verification of a lease agreement, utility bill or death certificate for the person you are wishing to remove. You will be notified (in writing) if more information is needed.

Can you evict Section 8 tenants in NJ? ›

In addition, those who violate DCA's zero tolerance rules may be referred to the Attorney General's office for possible prosecution. As with any other tenant, Section 8 HCV assisted families can be evicted by the owner for lease violations.

Can you be wrongfully terminated in California? ›

Under California's “wrongful constructive termination” / “constructive discharge” laws, you can sue your employer for wrongful termination even if you are not actually fired. Constructive termination occurs when an employer makes working conditions so intolerable that you have no choice but to quit.

What is good cause for termination in California? ›

Generally, there is good cause for termination when an employee is guilty of wrongdoing. Three factual determinations relevant to the question of employer liability for wrongful discharge of an employee charged with misconduct are: Whether good cause exists is dependent upon the particular circ*mstances of each case.

Can a landlord refuse Section 8 voucher in California? ›

Source of Income Protections: The bill prohibits landlords from discriminating against prospective tenants based on their use of government housing assistance, including Housing Choice Vouchers. If you are a Landlord, you cannot refuse to rent to someone solely because they receive housing assistance.

Can I add my boyfriend to my Section 8 voucher in California? ›

Adding a boyfriend to your Section 8 voucher is contingent upon their eligibility. A boyfriend or girlfriend must provide a social security card and identification as well as income documentation and pass a criminal background check. If they also qualify, they can be added.

How do I report someone for Section 8 in California? ›

You can report suspected Section 8 crime or fraud to the Crime/Fraud Tip Line. It is is confidential and you can remain anonymous. Crime/Fraud Tip Line: (877) 881-7233. NOTE: Even if you provide your name, we will never disclose it to the person you are reporting.

What is 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.

How to evict a Section 8 tenant in California? ›

90-day Notice to Quit (Section 8 housing only)

The landlord must have a legal reason ("just cause") to ask the tenant to move. The Notice must be in writing and include: The date the tenancy will end ("be terminated") Detailed reason(s) for the eviction.

Can a landlord terminate a Section 8 lease in NYC? ›

During the lease term, the owner may evict a Section 8 tenant in limited situations. Additional information is available in the Housing Assistance Payment (HAP) Contract that the landlord signed at the initial lease-up, as well as the Tenancy Addendum attached to the tenant's executed lease.

Can I refuse Section 8 in NJ? ›

The Appellate Division has ruled in the Franklin Tower case that this statute prohibits landlords from discriminating and refusing to take Section 8 payments.

How hard is it to evict a tenant in NJ? ›

A landlord cannot evict tenants or remove their belongings from a rental home without first getting a judgment for possession and then a warrant of removal from the court. Only a special civil part officer can perform the eviction on behalf of a landlord.

Can you fight an eviction in NJ? ›

New Jersey tenants are also entitled to a trial. A landlord cannot evict a tenant without going through the court process, which includes a trial. The landlord and tenant can settle before trial, but both parties, the landlord and the tenant, must agree to settle.

What are the rules for termination in California? ›

Within the State of California, employment may be terminated at the will of either party. Both the employer and the employee are free to end the employment relationship at any time, with no penalty being assessed to either.

How do I fight an eviction notice in California? ›

If you want to file an Answer (form UD-105) to an eviction lawsuit and defend yourself in court, you'll need to give a defense (the legal reason you shouldn't be evicted). You can have more than one defense.

Can you appeal an eviction in California? ›

If you think the judge didn't follow the law, you can ask for an appeal. An appeal doesn't stop the sheriff from moving you out of the house while you wait for the appeal. Talk to an attorney if you're considering an appeal.

How do I petition the court to remove an eviction in California? ›

How to ask for your eviction case to be dismissed
  1. Fill out forms. Fill out the following forms. ...
  2. Make copies of the form(s) Make 2 copies of the completed form(s).
  3. File the Request for Dismissal with the court. ...
  4. Serve the forms. ...
  5. File the Notice of Entry of Dismissal and Proof of Service.

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