The Housing Choice Voucher program, better known as Section 8, helps low-income renters afford private-market housing by restricting their portion of the monthly rent to 30 percent of their income. The federal government pays the remainder. The program is run by the U.S. Department of Housing and Urban Development (HUD), which transfers its portion of the rent to local public housing authorities (PHAs) each month. The PHAs then pay landlords directly. But Section 8 is facing increased fiscal and administrative uncertainty under the current executive leadership. In late January, for example, Section 8 recipients nationwide wondered if February’s rent would get paid when the White House called for a freeze on all federal funding.
So, what happens when a Section 8 tenant pays their portion of the rent, but the government fails to pay its share? According to statute, the tenant cannot be held responsible for the unpaid amount. (HUD in an email declined to provide specific information, instead referring Shelterforce to the Housing Assistance Payments contract. The applicable information can be found on page 9, subsection 5d, which states that “PHA failure to pay the housing assistance payment to the owner is not a violation of the lease. The owner may not terminate the tenancy for nonpayment of the PHA housing assistance payment.”) HUD rules also prohibit landlords from demanding tenants cover the housing authority’s portion and may not evict tenants solely due to delayed or missing subsidy payments.
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