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Published By: Published By: Published By: Published By: Published By: Technical Assistance Technical Assistance Technical Assistance Technical Assistance Technical Assistance Collaborative, Inc. Collaborative, Inc. Collaborative, Inc. Collaborative, Inc. Collaborative, Inc. Boston, MA Boston, MA Boston, MA Boston, MA Boston, MA June 2003 Section 8 Section 8 Section 8 Section 8 Section 8 Made Simple Made Simple Made Simple Made Simple Made Simple Using The Housing Choice Using The Housing Choice Using The Housing Choice Using The Housing Choice Using The Housing Choice Voucher Program To Assist Voucher Program To Assist Voucher Program To Assist Voucher Program To Assist Voucher Program To Assist People With Disabilities People With Disabilities People With Disabilities People With Disabilities People With Disabilities 2 nd nd nd nd nd Edition Edition Edition Edition Edition

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Published By:Published By:Published By:Published By:Published By:

Technical AssistanceTechnical AssistanceTechnical AssistanceTechnical AssistanceTechnical Assistance

Collaborative, Inc.Collaborative, Inc.Collaborative, Inc.Collaborative, Inc.Collaborative, Inc.

Boston, MABoston, MABoston, MABoston, MABoston, MA

June 2003

Section 8Section 8Section 8Section 8Section 8Made SimpleMade SimpleMade SimpleMade SimpleMade Simple

Using The Housing ChoiceUsing The Housing ChoiceUsing The Housing ChoiceUsing The Housing ChoiceUsing The Housing ChoiceVoucher Program To AssistVoucher Program To AssistVoucher Program To AssistVoucher Program To AssistVoucher Program To AssistPeople With DisabilitiesPeople With DisabilitiesPeople With DisabilitiesPeople With DisabilitiesPeople With Disabilities

22222ndndndndnd Edition Edition Edition Edition Edition

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Written By:Ann O’HaraEmily Cooper

Technical Assistance Collaborative, Inc.Boston, MA 02116

(617) 266-5657

www.tacinc.org

With funding from the Melville Charitable Trust

Section 8Section 8Section 8Section 8Section 8Made SimpleMade SimpleMade SimpleMade SimpleMade Simple

Using The Housing ChoiceUsing The Housing ChoiceUsing The Housing ChoiceUsing The Housing ChoiceUsing The Housing ChoiceVoucher Program To AssistVoucher Program To AssistVoucher Program To AssistVoucher Program To AssistVoucher Program To AssistPeople With DisabilitiesPeople With DisabilitiesPeople With DisabilitiesPeople With DisabilitiesPeople With Disabilities

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2 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities2

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Technical Assistance Collaborative, Inc. 3

AcknowledgementsAcknowledgementsAcknowledgementsAcknowledgementsAcknowledgements

TTTTThe Technical AssistanceCollaborative, Inc. (TAC) would

like to extend its thanks to theMelville Charitable Trust for thefinancial support which made thepublication of Section 8 Made Simplepossible, and for their continuedcommitment to the housing needsof people with disabilities and peoplewho are homeless.

TAC would also like to acknowledgethe valuable contributions to Section 8Made Simple made by Maura CollinsVersluys, Angela Stanhope, and MarieHerb from TAC; Jennie Rawski, AnnePhilbrick, and Mary-Anne Morrison atthe Massachusetts Department ofHousing and Community Development;and Barbara Sard from the Center forBudget and Policy Priorities.

Section 8 Made Simple is the latestin a series of housing publications fromTAC. TAC provides technical assistance,training, and knowledge disseminationon affordable housing issues that arecritically important to people withdisabilities, their families, housingadvocates, and service providers.

TAC’s goals include creating andstrengthening the capacity of thedisability community to influence stateand local affordable housing policiesand practices, as well as increasingaccess by people with disabilities tosubsidized and affordable rental andhomeownership resources. For acomplete list of TAC’s publications,see Appendix D.

TAC is a national organization thatworks to achieve positive outcomes onbehalf of people with disabilities orother special needs by providing stateof the art information, capacity build-ing, and technical expertise to organi-zations and policymakers in the areasof mental health, substance abuse,human services, and affordable housing.For further information contact:

TAC

535 Boylston Street

Suite 1301

Boston, MA 02116

(617) 266-5657 phone/TTY

[email protected]

www.tacinc.org

© Copyright 2002, 2003 by the Technical Assistance Collaborative, Inc. All rights reserved. Any excerpts fromor reproductions of this document must be done with the express written permission of the Technical AssistanceCollaborative, Inc.

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Table of ContentsTable of ContentsTable of ContentsTable of ContentsTable of Contents

PAGE

IntroductionIntroductionIntroductionIntroductionIntroduction ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 11111How to Use This GuidebookOrganization of the GuidebookDefinitions

Person with a DisabilityDisabled Family or Disabled HouseholdApplicant, Voucher Holder, and HouseholdDisability CommunityPublic Housing AgencySection 8 RulesLocal Section 8 Policies

Helpful IconsCode of Federal Regulations — the “Final Word”Updates to Section 8 Made Simple

Chapter 1: Overview Of The Section 8 ProgramChapter 1: Overview Of The Section 8 ProgramChapter 1: Overview Of The Section 8 ProgramChapter 1: Overview Of The Section 8 ProgramChapter 1: Overview Of The Section 8 Program ............................................................................................................................................................................................................................................................... 77777The Section 8 ProgramHow the Section 8 Program WorksIncome TargetingProgram Components

Tenant-Based Rental AssistanceProject-Based Rental AssistanceHomeownership AssistanceDown Payment Assistance

Section 8 — Affordability, Quality, and ChoiceAffordabilityQualityChoice

Importance of Fair Housing Laws and Reasonable AccommodationChapter 1 Summary

Chapter 2: How The Section 8 Program Is AdministeredChapter 2: How The Section 8 Program Is AdministeredChapter 2: How The Section 8 Program Is AdministeredChapter 2: How The Section 8 Program Is AdministeredChapter 2: How The Section 8 Program Is Administered ............................................................................................................................................................................................................. 1313131313Why the Section 8 Program is so Hard to UnderstandHow the Section 8 Program Really Works: The Three Parties InvolvedDifferent Types of PHAs That Administer the Section 8 Program

Local Public Housing AuthoritiesState Housing AgenciesNon-Profit Organizations

PHA Policies VarySection 8 Waiting List PreferencesSection 8 Set-Asides

The PHA Plan and the Section 8 Administrative PlanPublic Housing Agency PlanSection 8 Administrative PlanHow to Get a Copy

Influencing Section 8 PoliciesChapter 2 Summary

Table of Contents

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6 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Chapter 3: Eligibility, Applications, And The Waiting List ProcessChapter 3: Eligibility, Applications, And The Waiting List ProcessChapter 3: Eligibility, Applications, And The Waiting List ProcessChapter 3: Eligibility, Applications, And The Waiting List ProcessChapter 3: Eligibility, Applications, And The Waiting List Process ................................................................................................................................................. 2121212121Program EligibilityOutreachOutreach to Special PopulationsApplying for a Voucher

Completing the Section 8 ApplicationAccepting and Processing ApplicationsMethods for Accepting Applications

Reasonable Accommodation and the Application ProcessVerification of InformationWaiting Lists

Opening and Closing a Section 8 Waiting ListClosed Lists

Waiting List PreferencesAfter the Application ProcessPHA Waiting List UpdatesChapter 3 Summary

Chapter 4: Screening, Verification, And AppealsChapter 4: Screening, Verification, And AppealsChapter 4: Screening, Verification, And AppealsChapter 4: Screening, Verification, And AppealsChapter 4: Screening, Verification, And Appeals ..................................................................................................................................................................................................................................................... 3030303030Screening PoliciesScreening Criteria and Reasonable AccommodationDenial of AssistanceAppealing Eligibility DecisionsVerification and Documentation of Eligibility

Third Party VerificationFailure to Provide Verification

Chapter 4 Summary

Chapter 5: Determining The Total Tenant Payment And The Section 8 Rent SubsidyChapter 5: Determining The Total Tenant Payment And The Section 8 Rent SubsidyChapter 5: Determining The Total Tenant Payment And The Section 8 Rent SubsidyChapter 5: Determining The Total Tenant Payment And The Section 8 Rent SubsidyChapter 5: Determining The Total Tenant Payment And The Section 8 Rent Subsidy ........................................ 3434343434OverviewTotal Tenant PaymentMinimum and Maximum Total Tenant PaymentPHA Payment StandardsPHA Rent Subsidy AmountPaying More Than the Minimum Total Tenant PaymentUsing This Information to Select HousingUtility AllowancesHow to Use the Utility AllowanceMaximum Initial Rent Burden“Exception” Payment StandardsVoucher SizeLive-in AideExamples of Household Compositions and Voucher SizesCalculating Monthly Adjusted Income and Total Tenant PaymentWork Incentives and Earned Income DisregardChapter 5 Summary

Chapter 6: Getting A Section 8 Voucher And Obtaining HousingChapter 6: Getting A Section 8 Voucher And Obtaining HousingChapter 6: Getting A Section 8 Voucher And Obtaining HousingChapter 6: Getting A Section 8 Voucher And Obtaining HousingChapter 6: Getting A Section 8 Voucher And Obtaining Housing ..................................................................................................................................................................... 4646464646Section 8 BriefingThe Housing Search ProcessBarriers to Finding a UnitException Payment Standards for People with DisabilitiesHelp from Disability Organizations

PAGE

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Accessible HousingAccessible Housing and Low-Income Housing Tax Credit PropertiesLeasing in PlaceSpecial Housing Types

Single Room Occupancy UnitsGroup HomesCongregate HousingShared Housing

Renting to RelativesRequest for Tenancy ApprovalRent ReasonablenessHousing Quality Standards InspectionFees for Leasing VouchersSigning a Lease and Moving InChapter 6 Summary

Chapter 7: Keeping A Section 8 VoucherChapter 7: Keeping A Section 8 VoucherChapter 7: Keeping A Section 8 VoucherChapter 7: Keeping A Section 8 VoucherChapter 7: Keeping A Section 8 Voucher ....................................................................................................................................................................................................................................................................................................... 5656565656Responsibilities During TenancyReverifying Household IncomeChanges in Household CompositionAdditional Household MembersHQS ReinspectionOwner ResponsibilitiesRent IncreasesMoving with a VoucherVoluntary and Involuntary TerminationsAppeals of TerminationsContinuation of Section 8 Funding from CongressChapter 7 Summary

Chapter 8: Reasonable Accommodation And Reasonable ModificationChapter 8: Reasonable Accommodation And Reasonable ModificationChapter 8: Reasonable Accommodation And Reasonable ModificationChapter 8: Reasonable Accommodation And Reasonable ModificationChapter 8: Reasonable Accommodation And Reasonable Modification ....................................................................................................................................... 6262626262Reasonable AccommodationRequesting a Reasonable AccommodationReasonable ModificationIndex of Common Changes to Section 8 Rules That Can Be

Requested as a Reasonable AccommodationChapter 8 Summary

Chapter 9: Section 8 Project-Based AssistanceChapter 9: Section 8 Project-Based AssistanceChapter 9: Section 8 Project-Based AssistanceChapter 9: Section 8 Project-Based AssistanceChapter 9: Section 8 Project-Based Assistance ............................................................................................................................................................................................................................................................... 6767676767Project-Based AssistanceCreating New Housing with Project-Based AssistanceWaiting Lists and Other PoliciesFor More InformationChapter 9 Summary

Chapter 10: Section 8 And Homeownership AssistanceChapter 10: Section 8 And Homeownership AssistanceChapter 10: Section 8 And Homeownership AssistanceChapter 10: Section 8 And Homeownership AssistanceChapter 10: Section 8 And Homeownership Assistance ....................................................................................................................................................................................................................... 7070707070Homeownership AssistanceSection 8 Homeownership ProgramEligibility Criteria for Section 8 Homeownership AssistanceMinimum Income RequirementsOther Eligibility Criteria

EmploymentFirst-Time HomeownerHomebuyer Counseling

PAGE

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Homeownership ExpensesLength of AssistanceEligible HomesFinancing RequirementsSection 8 Homeownership Demonstration ProgramPilot Program for Homeownership Assistance for Disabled FamiliesEligibility Criteria for the Pilot ProgramAmount of Homeownership AssistanceHow to Start a Homeownership ProgramChapter 10 Summary

AppendicesAppendicesAppendicesAppendicesAppendices ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 7777777777Appendix A: Glossary of Section 8 TermsAppendix B: Public Housing Agencies With Section 8 Vouchers Targeted To People

With DisabilitiesAppendix C: Mass Access: An Accessible Housing RegistryAppendix D: TAC’s Publications

IndexIndexIndexIndexIndex .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 9797979797

PAGE

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How to Use ThisHow to Use ThisHow to Use ThisHow to Use ThisHow to Use ThisGuidebookGuidebookGuidebookGuidebookGuidebook

TTTTThe Section 8 Housing ChoiceVoucher Program administered

through the U.S. Department ofHousing and Urban Development (HUD)is one of the most important federalhousing programs available to assistpeople with disabilities. With Section 8housing assistance, people with disa-bilities can become more independentand have the opportunity for fullcommunity integration.

Section 8 is also one of the mostcomplicated and confusing programs.Section 8 Made Simple is intended tobe a valuable tool to assist all stake-holders in the disability community —including self-advocates, case managers,family members, advocates, and directservice providers. This guidebookcontains practical information to assistpeople with disabilities and the entiredisability community to navigatethrough the Section 8 program moresuccessfully.

Section 8 Made Simple is not amanual for Public Housing Agencies tolearn how to administer the Section 8program. Rather, it is a guide to helpunderstand how the Section 8 programcan be used to meet the specifichousing needs of people with disabilities.

With this information, people withdisabilities, their families, advocates,and service providers will be moreprepared to effectively engage PublicHousing Agency staff and help peoplewith disabilities successfullyparticipate in the Section 8 program.

This guidebook is intended to becomprehensive. As a result, the amountof information may seem overwhelming.However, in order to be effective inaccessing and utilizing Section 8housing assistance, it is importantto understand the rules and regula-tions that shape the program and toknow who establishes these policies.This information can be used toinfluence Section 8 policies and hous-ing decisions made at the local, state,and federal levels so that people withdisabilities will have more access toSection 8 assistance.

When reading this guidebook, itis important to know that when thishousing assistance program wasestablished it was referred to asthe “Section 8” program. In manycommunities, it is still referred toby this name. However, a federalhousing law passed in 1998 renamedthe program the Housing ChoiceVoucher Program (HCVP). Because itis more familiar, this guidebook willuse the term “Section 8 program” torefer to the new Housing ChoiceVoucher Program.

Introduction

IntroductionIntroductionIntroductionIntroductionIntroduction

1

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10 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Introduction

Organization of theOrganization of theOrganization of theOrganization of theOrganization of theGuidebookGuidebookGuidebookGuidebookGuidebook

TTTTThe chapters in this guidebook areorganized sequentially to mirror

the activities that a person would gothrough in the Section 8 program —from applying for a voucher, to findingeligible housing, to becoming asuccessful Section 8 participant.

• Chapter 1Chapter 1Chapter 1Chapter 1Chapter 1 provides an overview ofthe Section 8 program including itsorigin, evolution, and the four basiccomponents of the program.

• Chapter 2Chapter 2Chapter 2Chapter 2Chapter 2 describes how theSection 8 program is administered;the distinction between federal rulesand local Section 8 policies; whichagencies administer the program;and what documents are useful tolearn more about the program.

• Chapter 3Chapter 3Chapter 3Chapter 3Chapter 3 explains the Section 8application and waiting list process,including how to submit an appli-cation and how the Section 8waiting list is organized.

• Chapter 4Chapter 4Chapter 4Chapter 4Chapter 4 describes how a house-hold is screened and determinedeligible for the Section 8 program.

• Chapter 5Chapter 5Chapter 5Chapter 5Chapter 5 details how the house-hold’s Section 8 rent subsidy amountand share of rent are determined,and other factors that affect thehousehold’s Section 8 assistance.

• Chapter 6Chapter 6Chapter 6Chapter 6Chapter 6 provides an overviewof the housing search processincluding a description of how thedisability community can assistSection 8 households to locate safe,decent, and affordable housing inthe community.

• Chapter 7Chapter 7Chapter 7Chapter 7Chapter 7 describes those activitiesand responsibilities that are requir-ed in order for a Section 8 house-hold to retain their voucher.

• Chapter 8Chapter 8Chapter 8Chapter 8Chapter 8 provides an overview ofthe federal fair housing laws thatobligate Public Housing Agencies tomake changes in their policies andprocedures to accommodate theneeds of people with disabilities.This chapter includes a listing ofthese types of accommodations inthe Section 8 program that arediscussed throughout the guidebook.

• Chapter 9Chapter 9Chapter 9Chapter 9Chapter 9 describes the project-based rental assistance componentof the Section 8 program.

• Chapter 10Chapter 10Chapter 10Chapter 10Chapter 10 provides an overviewof how Section 8 assistance canbe used to provide homeownershipassistance, including a descriptionof the new Pilot Program forHomeownership Assistance forDisabled Families.

To assist the reader, at the endof each chapter there is a summaryof key points.

DefinitionsDefinitionsDefinitionsDefinitionsDefinitions

TTTTThe Section 8 program is fundedby the federal government

and administered through HUD. Aswith other federal programs, Section 8uses many technical and programmaticterms that may be confusing orunfamiliar to the reader. To assist thereader, the authors have included aglossary of some of the more technicalSection 8 related terms in Appendix A.

This guidebook also uses severalterms that may be familiar to thereader, but also have specific meaningswithin the context of the Section 8

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Technical Assistance Collaborative, Inc. 11

program. In order to facilitate thereader’s use of this guidebook, theseterms are defined below.

Person with a DisabilityPerson with a DisabilityPerson with a DisabilityPerson with a DisabilityPerson with a Disability

For the purposes of both thisguidebook and the Section 8 program, aperson with a disability is defined as anindividual who:

1.1.1.1.1. Has a disability as defined in Section223 of the Social Security Act;

OROROROROR

2.2.2.2.2. Is determined to have a physical,mental, or emotional impairment thatis expected to be of long-continuedand indefinite duration; and

� Substantially impedes his or herability to live independently; and

� Is of such a nature that suchability could be improved bymore suitable housing conditions;

OROROROROR

3.3.3.3.3. Has a developmental disabilityas defined in Section 102 ofthe Developmental DisabilitiesAssistance and Bill of Rights Act.

Disabled Family or DisabledDisabled Family or DisabledDisabled Family or DisabledDisabled Family or DisabledDisabled Family or DisabledHouseholdHouseholdHouseholdHouseholdHousehold

In the Section 8 program, adisabled family or disabledhousehold is defined as ahousehold whose head, co-head, co-head, co-head, co-head, co-head, spouse, or sole memberhead, spouse, or sole memberhead, spouse, or sole memberhead, spouse, or sole memberhead, spouse, or sole member

is a person with a disability.This definition may include:

• A single adult with a disability livingalone;

• A group of persons consisting oftwo or more unrelated disabledadults living together;

• One or more unrelated disabledadults living with one or morelive-in aides;

• A related family in which the headof household or spouse is a disabledadult; or

• Two or more related adults withdisabilities living together.

It is important to note that for theSection 8 program, a disabled familydoes not not not not not include those households inwhich a minor child is the only familymember with a disability. To qualifyas a disabled family, a person with adisability must be an adult member ofthe household who is considered thehead of household, co-head, or spouse.

Applicant, Voucher Holder, andApplicant, Voucher Holder, andApplicant, Voucher Holder, andApplicant, Voucher Holder, andApplicant, Voucher Holder, andHouseholdHouseholdHouseholdHouseholdHousehold

There are different terms used inthis guidebook to refer to an individual,a group of individuals, or a family as itmoves through the Section 8 process:

• Section 8 Applicant:Section 8 Applicant:Section 8 Applicant:Section 8 Applicant:Section 8 Applicant: A householdthat submits a Section 8 application,including those households that areon a waiting list for Section 8assistance.

• Section 8 Voucher Holder:Section 8 Voucher Holder:Section 8 Voucher Holder:Section 8 Voucher Holder:Section 8 Voucher Holder: Ahousehold that has been determinedeligible for the Section 8 program,given a Section 8 voucher, and iscurrently searching for a housingunit in the community.

• Section 8 Household:Section 8 Household:Section 8 Household:Section 8 Household:Section 8 Household: An individual,group of individuals, or family whois currently receiving Section 8assistance.

Disability CommunityDisability CommunityDisability CommunityDisability CommunityDisability Community

This term is used throughout thisguidebook to refer to people withdisabilities, their advocates, families,and service providers. Most HUDprograms — including the Section 8program — are intended to serve allallallallallpeople with disabilities, and may notbe restricted to one disability group —

Introduction

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12 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

such as people with mental illness.1

The authors recommend that wheneverpossible, agencies serving one disabilitygroup should join with other disabilitygroups when advocating for changes inand increased access to the Section 8program by all people with disabilities.

Public Housing Agency (PHA)Public Housing Agency (PHA)Public Housing Agency (PHA)Public Housing Agency (PHA)Public Housing Agency (PHA)

A Public Housing Agencyadministers the Section 8 program atthe state or local level on behalf ofHUD. Some of these agencies arepublic housing authorities. Forpurposes of this guidebook, and inaccordance with HUD rules, the termthe termthe termthe termthe term“PHA” refers to all public housing“PHA” refers to all public housing“PHA” refers to all public housing“PHA” refers to all public housing“PHA” refers to all public housingagencies, not just housing author-agencies, not just housing author-agencies, not just housing author-agencies, not just housing author-agencies, not just housing author-ities.ities.ities.ities.ities. All the Section 8 administeringagencies are discussed in detail inChapter 2.

Section 8 RulesSection 8 RulesSection 8 RulesSection 8 RulesSection 8 Rules

Since 1975, Congress has passedlaws that govern the Section 8 program.These laws, combined with regulationsdeveloped by HUD, establish thefederal parameters within which theSection 8 program must be administeredat the state and local levels. For thepurpose of this guidebook, thesefederal Section 8 requirements willbe referred to as “rules.”

Local Section 8 PoliciesLocal Section 8 PoliciesLocal Section 8 PoliciesLocal Section 8 PoliciesLocal Section 8 Policies

There are also discretionarySection 8 policies determined by stateand local PHAs that receive fundingfrom HUD to administer the Section 8program. For the purposes of thisguidebook, these locally establishedSection 8 guidelines will be referred toas “policies,” and should be interpretedto mean that the PHA has someflexibility in setting these policies.

Helpful IconsHelpful IconsHelpful IconsHelpful IconsHelpful Icons

TTTTThroughout Section 8 Made Simple,there are various icons used to

highlight key points or essentialinformation. These symbols include:

Section 8 Tip:Section 8 Tip:Section 8 Tip:Section 8 Tip:Section 8 Tip: A helpfulhint for people withdisabilities, their serviceproviders, advocates,and family members whoare trying to work with

Public Housing Agencies to get Section8 housing assistance.

Reasonable Accommodation:Reasonable Accommodation:Reasonable Accommodation:Reasonable Accommodation:Reasonable Accommodation:Examples of ways Section 8policies or procedures canbe modified to ensure equalaccess to the program bypeople with disabilities, inaccordance with the federalfair housing laws.

Complicated Stuff: Complicated Stuff: Complicated Stuff: Complicated Stuff: Complicated Stuff: Anaspect of the Section 8program that can beparticularly confusing.

Section 8 Rule:Section 8 Rule:Section 8 Rule:Section 8 Rule:Section 8 Rule:A Section 8 ruleestablished byCongress or HUD.

PHA Policy:PHA Policy:PHA Policy:PHA Policy:PHA Policy: A Section 8policy established locallyby a Public HousingAgency.

Important Point: Important Point: Important Point: Important Point: Important Point: Animportant point about theSection 8 program thatshould not be overlooked.

Introduction

4

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1 The Section 811 Program of Supportive Housing for Persons with Disabilities and some McKinney/VentoHomeless Assistance programs are exceptions to this rule.

Introduction

Code of FederalCode of FederalCode of FederalCode of FederalCode of FederalRegulations — the “FinalRegulations — the “FinalRegulations — the “FinalRegulations — the “FinalRegulations — the “FinalWord”Word”Word”Word”Word”

TTTTThe “final word” on the Section 8program rules is found in Part 24

of the U.S. Code of Federal Regulations(CFR). Updates to these rules are alsopublished from time to time in theFederal Register. Section 8 MadeSimple has attempted to simplify theserules. However, it is important to knowhow to access the federal documentswhen more information is needed.

To obtain free copies of the CFR,visit HUD’s website (www.hud.gov) orcall HUD’s Community Connections at1-800-998-9999 or the local HUD fieldoffice. The Federal Register is avail-able online at www.access.gpo.gov/su_docs/aces/aces140.html, or maybe available at the local library.

Updates to Updates to Updates to Updates to Updates to Section 8Section 8Section 8Section 8Section 8Made SimpleMade SimpleMade SimpleMade SimpleMade Simple

TTTTThe rules for the Section 8 programhave been evolving since the

program started. Periodically thereare new laws passed by Congress ornew rules published by HUD thatchange the way the Section 8 programoperates. The authors of Section 8Made Simple recognize that as a resultof these frequent changes to theSection 8 program, some of theinformation in this guidebook will notalways be up-to-date and valid. Toaddress this problem, subject tofunding availability, the authorswill periodically post updates tothe Section 8 program online atwww.tacinc.org.

5

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The Section 8 ProgramThe Section 8 ProgramThe Section 8 ProgramThe Section 8 ProgramThe Section 8 Program

TTTTThe federal Section 8 programbegan in 1975 as a way to assist

low-income families, elderly people, andpeople with disabilities to rent decent,safe, and affordable housing in thecommunity. Through this program,individuals and families receive a“voucher” — also referred to as a“subsidy” — that can be used in housingof their choice that meets the Section8 program requirements. Thesesubsidies are long-term and consideredpermanent housing.

The Section 8 program is one of themost successful federal housing programs.It is also one of the best ways to helppeople with disabilities afford andmaintain rental housing of their choice.Currently, across the nation, over 1.5million households receive housingassistance through the Section 8program — including many householdswith family members with a disability.

In 1975, when this housingassistance program was established, itwas referred to as the “Section 8”program. In many communities, it isstill referred to by this name. However,a federal housing law passed in 1998gave the program a new name — theHousing Choice Voucher Program(HCVP). Because it is more familiar, thisguidebook will use the term “Section 8program” to refer to the new HCVP.

How the Section 8How the Section 8How the Section 8How the Section 8How the Section 8Program WorksProgram WorksProgram WorksProgram WorksProgram Works

TTTTThe Section 8 program recognizesthat very low-income people do not

have enough money to afford decent,safe, and good quality housing. Theprogram addresses this problem byproviding a Section 8 subsidy to assistthe household with monthly housingcosts. This subsidy — which is based onthe cost of moderately priced rentalhousing in the community — is providedby a Public Housing Agency (PHA) undera contract with the U.S. Department ofHousing and Urban Development (HUD).

The Section 8 household pays aportion of monthly housing costs that isbased on the income of the household.The household’s portion is usually — butnot always — equal to 30 percent of itsmonthly adjusted income.

Income TargetingIncome TargetingIncome TargetingIncome TargetingIncome Targeting

HHHHHouseholds with incomes at or below50 percent of area median income

are eligible for the Section 8 program.However, according to federal law atleast 75 percent of Section 8 vouchers

must go to households withincomes below 30 percentof the area median income.This rule is referred to as“income targeting.” In

Overview Of The Section 8 Program

Chapter 1Chapter 1Chapter 1Chapter 1Chapter 1

Overview Of The Section 8 ProgramOverview Of The Section 8 ProgramOverview Of The Section 8 ProgramOverview Of The Section 8 ProgramOverview Of The Section 8 Program

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8 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Chapter 1

limited circumstances, HUD maypermit a PHA to use slightly differentincome targeting standards for itsSection 8 program. However, to dothis PHAs must obtain a waiver fromHUD. HUD rules state that incometargeting waivers can be approved onlyif the PHA demonstrates that, throughoutreach and marketing efforts, theyare unable to attract enough applicationsfrom households below 30 percent ofmedian income to fulfill the incometargeting requirement.

Most people with disabilitiesreceiving Supplemental SecurityIncome (SSI) have incomes well below30 percent of median income.Therefore, the disability communityshould object to any PHA policy thatseeks to target more households above30 percent of median income.

Currently, there are over 3 millionnon-elderly adults with disabilitiesnationwide receiving SSI — an averageof 60,000 per state.1 Most of theseindividuals with disabilities do notcurrently receive Section 8 housingassistance. If the PHA does not havemany people with disabilities on itsSection 8 waiting list, then moreoutreach to the disability communityis needed. It is important that thedisability community make PHAs awarethat SSI beneficiaries will meet thisincome targeting requirement.

Program ComponentsProgram ComponentsProgram ComponentsProgram ComponentsProgram Components

TTTTThere are currently four types ofhousing assistance provided by the

Section 8 program:

1.1.1.1.1. Tenant-based rental assistance

2.2.2.2.2. Project-based rental assistance

3.3.3.3.3. Homeownership assistance

4.4.4.4.4. Down payment assistance

This guidebook focuses primarilyon the tenant-based rental assistancecomponent of the Section 8 programsince it is by far the most commonlyused type of assistance for people withdisabilities with the lowest incomes.Project-based assistance and homeown-ership assistance are described in detail inChapters 9 and 10, respectively.

1. Tenant-Based Rental1. Tenant-Based Rental1. Tenant-Based Rental1. Tenant-Based Rental1. Tenant-Based RentalAssistanceAssistanceAssistanceAssistanceAssistance

Tenant-based rental assistance isthe most prevalent and well-known typeof Section 8 assistance. When peoplemention the Section 8 program or a“voucher,” they are usually referringto the tenant-based rental assistancecomponent of the program.

Tenant-based rental assistanceallows people with disabilities tochoose their own housing unit froma community’s private rental housingmarket. Section 8 tenant-based rentalassistance helps people with disabilitiesto select rental housing that meets theirindividual preferences and needs, and thatis fully integrated into the community.

Specifically, through the tenant-based rental assistance component, aneligible household (i.e., individual, groupof individuals, or family) receives aSection 8 rental voucher to use in ahousing unit of their choice in thecommunity. If the household movesto another unit, the voucher can beused in the new unit.

Tenant-based rental assistanceis the most prevalent and well-known type of Section 8assistance. When peoplemention the Section 8 programor a “voucher,” they are usuallyreferring to the tenant-based rentalassistance component of the program.

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Technical Assistance Collaborative, Inc. 9

In the past, there were actually twoseparate components of the Section 8tenant-based program: certificates andvouchers. A federal housing law passedin 1998 merged these two programs intoone tenant-based voucher program. Themajority of the information contained in thisguidebook pertains to the current Section8 tenant-based rental assistance program.

2. Project-Based Rental2. Project-Based Rental2. Project-Based Rental2. Project-Based Rental2. Project-Based RentalAssistanceAssistanceAssistanceAssistanceAssistance

Project-based rental assistance isalso offered through the Section 8program. This type of assistance involvesthose subsidies that are committed toa specific unit in a building through acontract between the owner and thePHA. The term of the commitment maybe from one to ten years.

Households are referred to theseunits from the Section 8 waiting list,and may either accept the unit orchoose to receive a Section 8 tenant-based voucher instead. Householdsresiding in Section 8 project-basedunits receive the same amount of rentalassistance as households in the tenant-based component.

New rules in the project-basedprogram give households that haveresided in project-based units for atleast one year the right to move andcontinue to receive Section 8 assistanceby requesting a tenant-based voucher orcomparable resource. The project-basedunit is then leased to another Section 8eligible household from the waiting list.

Project-based rental assistance isa valuable tool for expanding housingoptions for people with disabilities.Through this assistance, long-termsubsidy commitments with housingowners can lead to an overall increase inthe supply of affordable housing unitsin a community. Chapter 9 includes adiscussion of the Section 8 project-based rental assistance program.

3. Homeownership Assistance3. Homeownership Assistance3. Homeownership Assistance3. Homeownership Assistance3. Homeownership Assistance

New HUD regulations enacted in2000 and 2001 now permit Section 8assistance to be used to help purchase ahome. Through this component, Section 8households can use their housing assis-tance payments toward homeownershipexpenses. Section 8 homeownershipassistance is discussed further inChapter 10.

4. Down Payment Assistance4. Down Payment Assistance4. Down Payment Assistance4. Down Payment Assistance4. Down Payment Assistance

HUD recently published a proposedrule to also allow Section 8 assistanceto be used toward the down payment ona home. Although Congress authorizedthe down payment assistance programfor fiscal year 2002, there was no fundingappropriated in HUD’s budget. Becausethe program has not been implementedto date, it is not discussed in thisguidebook. For further informationabout the Section 8 Down PaymentAssistance program, refer to the June13, 2001 issue of the Federal Register.2

Section 8 — Affordability,Section 8 — Affordability,Section 8 — Affordability,Section 8 — Affordability,Section 8 — Affordability,Quality, and ChoiceQuality, and ChoiceQuality, and ChoiceQuality, and ChoiceQuality, and Choice

TTTTThere are many reasons why theSection 8 program is an invaluable

resource for meeting the housing needsof very low- and low-income people,particularly people with disabilities whohave limited incomes. First, it is nowthe largest federal housing programtargeted to extremely low-incomehouseholds. In fiscal year 2002,Congress appropriated over $16 billionin continued funding for the Section 8program — equal to half the entire HUDbudget. Currently, Section 8 assistanceis offered in every state in the countryand in almost every community.

Overview Of The Section 8 Program

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10 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Other aspects that make theSection 8 program an invaluableresource are:

• Affordability:Affordability:Affordability:Affordability:Affordability: the Section 8program ensures that housing isaffordable;

• Quality:Quality:Quality:Quality:Quality: the Section 8 programsupports good quality housing; and

• Choice:Choice:Choice:Choice:Choice: the Section 8 programpromotes housing choice andcommunity integration.

AffordabilityAffordabilityAffordabilityAffordabilityAffordability

The Section 8 program providesaffordableaffordableaffordableaffordableaffordable housing. Most Section 8households pay about 30 percent of theirmonthly income toward housing costs.

People with disabilities frequentlyhave low incomes and may be on fixedincomes for indefinite periods of time.Lack of adequate income makes findingand keeping housing very difficult. Arecent study by TAC documented thehousing crisis that people with disabilitiesare facing as a result of their severelack of income. This report titled PricedOut in 2000: The Crisis Continues3

documented that without housingassistance, such as a Section 8 rent

subsidy, people with disabilities areunable to afford rental housing in anyhousing market area in the country. Asa result, people with disabilities often:

• Pay too much income for rent (50%or more);

• Live in substandard or overcrowdedhousing; or

• Are unable to access permanenthousing at all (e.g., they becomehomeless or cannot move fromrestrictive settings such asinstitutions and nursing homes).

QualityQualityQualityQualityQuality

The Section 8 program provides goodgoodgoodgoodgoodqualityqualityqualityqualityquality housing. Like everyone else, peoplewith disabilities want to live in housing that isdecent and safe. Decent and safe housing:

• Conforms to community standards;

• Meets housing codes; and

• Ideally should be accessible to commu-nity services, shopping, social opportu-nities, and recreational activities.

All housing that is subsidized throughthe Section 8 program must meet federalhousing quality standards thereby ensur-ing that the housing is decent and safe.

ChoiceChoiceChoiceChoiceChoice

Through Section 8 tenant-basedrental assistance, people with disabil-ities are given a choicechoicechoicechoicechoice about wherethey live and can keep their assistanceif they move. Some of the advantagesof tenant-based vouchers for peoplewith disabilities include:

• The ability to choose both the loca-tion and type of housing preferred;

• The ability to move from one unit toanother or from one locality toanother without losing the housingassistance;

• Increased privacy because neighborsare not aware that the household

CHAPTER 1

Continued on page 12

IMPORTANT INFORMATIONIMPORTANT INFORMATIONIMPORTANT INFORMATIONIMPORTANT INFORMATIONIMPORTANT INFORMATIONFOR USING THISFOR USING THISFOR USING THISFOR USING THISFOR USING THISGUIDEBOOKGUIDEBOOKGUIDEBOOKGUIDEBOOKGUIDEBOOK

There are four components of theSection 8 program. However, this guidebookfocuses primarily on the tenant-based rentalassistance component of the program.

Unless otherwise specified, theinformation in the guidebook pertains to thetenant-based component. Although not thefocus of the guidebook, in practice, much ofthis information is also applicable to theproject-based rental assistance component.

Project-based assistance is discussed inChapter 9 and homeownership assistance inChapter 10.

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Technical Assistance Collaborative, Inc. 11

Figure 1-1Figure 1-1Figure 1-1Figure 1-1Figure 1-1Key Activities in the Section 8 ProgramKey Activities in the Section 8 ProgramKey Activities in the Section 8 ProgramKey Activities in the Section 8 ProgramKey Activities in the Section 8 Program

Housing SearchHousing SearchHousing SearchHousing SearchHousing Search• The Section 8 household then has a short time

(usually 60 to 120 days) to find a rental unit in thecommunity that meets Section 8 guidelines (i.e.,affordable and decent).

• In some cases, the household may already be living ina housing unit that meets the Section 8 guidelines andmay choose to use the voucher in the existing unit.

Housing Quality StandardsHousing Quality StandardsHousing Quality StandardsHousing Quality StandardsHousing Quality StandardsInspection and RentInspection and RentInspection and RentInspection and RentInspection and RentReasonableness DeterminationReasonableness DeterminationReasonableness DeterminationReasonableness DeterminationReasonableness Determination

• If the owner agrees toparticipate in the Section 8program, the unit is inspectedto ensure that it is safe,decent, and of good quality.

• The rent of the unit iscompared to rents ofsimilar unassisted units inthe community to ensureit is reasonable.

PHA Approves Unit and Computes Total Tenant PaymentPHA Approves Unit and Computes Total Tenant PaymentPHA Approves Unit and Computes Total Tenant PaymentPHA Approves Unit and Computes Total Tenant PaymentPHA Approves Unit and Computes Total Tenant Paymentand Subsidy Amountand Subsidy Amountand Subsidy Amountand Subsidy Amountand Subsidy Amount

• All paperwork is signed (i.e., lease between household andowner; and contract between PHA and owner) and thehousehold moves into the unit.

• At this point, the Section 8 rental assistance begins.The household pays between 30 and 40 percent of theirincome toward rent and any tenant-paid utilities, and therent subsidy pays the difference. This subsidy is paiddirectly to the owner of the housing unit.

Annual Reexamination, HousingAnnual Reexamination, HousingAnnual Reexamination, HousingAnnual Reexamination, HousingAnnual Reexamination, HousingQuality Inspection, and RentQuality Inspection, and RentQuality Inspection, and RentQuality Inspection, and RentQuality Inspection, and RentReasonableness DeterminationReasonableness DeterminationReasonableness DeterminationReasonableness DeterminationReasonableness Determination

• At least annually, the Section 8household must reestablisheligibility for the program andthe unit is reinspected toensure that it continues tomeet Section 8 standards.

Overview Of The Section 8 Program

Selection from Waiting ListSelection from Waiting ListSelection from Waiting ListSelection from Waiting ListSelection from Waiting List• Depending on how many vouchers are available, the

application is either: placed on a waiting list or, afterverifying the household’s eligibility for the Section 8program, the household is given a voucher right away.

• In most communities, there are not enough vouchersfor everyone who needs one so there are usually longwaiting lists.

• Households move from the bottom of the waiting list tothe top. Sometimes this takes a short amount of time andsometimes this takes years, depending on many factorsthat are discussed in the guidebook.

Application ProcessApplication ProcessApplication ProcessApplication ProcessApplication Process

• A household in need of assistance appliesfor a Section 8 voucher by completing aPHA’s application form.

• If the waiting list is “open,” the agencyadministering the Section 8 program isaccepting applications.

• If the waiting list is “closed,” no one canapply for a voucher.

Section 8 BriefingSection 8 BriefingSection 8 BriefingSection 8 BriefingSection 8 Briefing

• When a household reachesthe top of the waitinglist, and is determinedeligible for the program,the household is issueda voucher.

Screening and Verification ofScreening and Verification ofScreening and Verification ofScreening and Verification ofScreening and Verification ofEligibilityEligibilityEligibilityEligibilityEligibility

• When a household reachesthe top of the list, thehousehold will be requiredto supply documentation thatverified eligibility for theSection 8 program.

• At this point, the PHA mayalso screen the household withregards to prior tenant historyand/or recent criminal history.

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12 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

CHAPTER 1

1 For further information about federal Supplemental Security Income benefits, see www.ssa.gov or call1-800-772-1213.

2 Available online at www.access.gpo.gov/su_docs/aces/aces140.html3 Priced Out in 2000: The Crisis Continues is available online at www.tacinc.org

receives housing assistance; and

• The opportunity to live in a housingsetting that is fully integrated withinthe community rather than one setaside exclusively for people withdisabilities.

Importance of FairImportance of FairImportance of FairImportance of FairImportance of FairHousing Laws andHousing Laws andHousing Laws andHousing Laws andHousing Laws andReasonableReasonableReasonableReasonableReasonableAccommodationAccommodationAccommodationAccommodationAccommodation

SSSSS ince the 1970s, there have beenmany federal and state laws passed

in an effort to ensure that people with

Chapter 1 SummaryChapter 1 SummaryChapter 1 SummaryChapter 1 SummaryChapter 1 Summary• The Housing Choice Voucher Program — still commonly referred to as the Section

8 program — is a very important housing resource for people with disabilities.

• The Section 8 program provides affordable housing since households pay alimited percentage — usually 30 percent of their monthly income — towardhousing costs.

• According to federal law, at least 75 percent of a PHA’s Section 8 vouchersmust go to households with incomes below 30 percent of the area median income.This is referred to as “income targeting.” Most people with disabilitiesreceiving SSI have incomes well below 30 percent of median income. MostSSI recipients do not currently receive Section 8 housing assistance.

• There are four components of the Section 8 program: tenant-based rentalassistance, project-based rental assistance, homeownership assistance, anddown payment assistance. Each of these components can be used to meetthe housing needs of people with disabilities.

• Section 8 tenant-based rental assistance is the most common type of Section 8assistance and is often referred to as a “voucher.”

• There are many steps in the Section 8 process. Each step involves manytechnical, and often cumbersome, activities.

• As a result of fair housing laws, PHAs are obligated to make changes in theirpolicies and procedures — known as reasonable accommodation — to ensureparticipation in the program by people with disabilities. Examples ofreasonable accommodation are highlighted throughout this guidebook.

disabilities can participate fully andequally in federal and state housingprograms. When learning about all ofthe various activities that make up theSection 8 program, it is important tounderstand that as a result of fair hous-

ing laws, PHAs are obligated tomake reasonable changes inpolicies and procedures toensure equal participation inthe program by people with

disabilities. These changes inpolicies or procedures are referredto as “reasonable accommodation.”Examples of reasonable accommoda-tion policies are highlighted through-out the guidebook.

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Technical Assistance Collaborative, Inc. 13

How The Section 8 Program Is Administered

Chapter 2Chapter 2Chapter 2Chapter 2Chapter 2

How The Section 8 Program IsHow The Section 8 Program IsHow The Section 8 Program IsHow The Section 8 Program IsHow The Section 8 Program IsAdministeredAdministeredAdministeredAdministeredAdministered

TTTTThis chapter provides an overviewof how the Section 8 program is

administered, including how federal andlocal Section 8 rules and policies arecreated. Specifically, this chaptercovers the following topics:

• The difference between federalSection 8 rules and local Section 8policies;

• Which agencies can administer theSection 8 program; and

• Important Section 8 documents —the Public Housing Agency Plan andthe Section 8 Administrative Plan.

Why the Section 8Why the Section 8Why the Section 8Why the Section 8Why the Section 8Program is so Hard toProgram is so Hard toProgram is so Hard toProgram is so Hard toProgram is so Hard toUnderstandUnderstandUnderstandUnderstandUnderstand

EEEEEach year Congress appropriatesfunding for HUD to administer the

Section 8 program. Since 1975, Con-gress has also passed laws that governthe program. For example, federal laws

determine the income eligibility forthe Section 8 program. Theselaws, combined with regulationsdeveloped by HUD, establish thefederal requirements for the

Section 8 program that arefollowed at the state and local levels.

For the purpose of this guidebook,these federal Section 8 requirementswill be referred to as rules.rules.rules.rules.rules.

However, there are additionalSection 8 policies that are determined

by state and local agencies — referredto as Public Housing Agencies or PHAs— that receive funding from HUD to

administer the Section 8program. For example, a PHAis allowed to determine thesubsidy amount (within aHUD-determined range)

provided by the Section 8program. For the purpose of this

guidebook, these locally establishedSection 8 guidelines will be referred toas policies policies policies policies policies — and should be interpretedto mean that the PHA has someflexibility in setting these policies.

Figure 2-1 below illustrates thesedifferent roles and responsibilities.

Congress appropriatesCongress appropriatesCongress appropriatesCongress appropriatesCongress appropriatesSection 8 funding andSection 8 funding andSection 8 funding andSection 8 funding andSection 8 funding andmakes Section 8 lawsmakes Section 8 lawsmakes Section 8 lawsmakes Section 8 lawsmakes Section 8 laws

HUD provides Section 8 fundingHUD provides Section 8 fundingHUD provides Section 8 fundingHUD provides Section 8 fundingHUD provides Section 8 fundingto PHAs and makes Section 8to PHAs and makes Section 8to PHAs and makes Section 8to PHAs and makes Section 8to PHAs and makes Section 8rules rules rules rules rules that PHAs must followthat PHAs must followthat PHAs must followthat PHAs must followthat PHAs must follow

PHAs administer thePHAs administer thePHAs administer thePHAs administer thePHAs administer theSection 8 program and canSection 8 program and canSection 8 program and canSection 8 program and canSection 8 program and can

establish certain localestablish certain localestablish certain localestablish certain localestablish certain localSection 8 Section 8 Section 8 Section 8 Section 8 policiespoliciespoliciespoliciespolicies

Figure 2-1: Relationships inFigure 2-1: Relationships inFigure 2-1: Relationships inFigure 2-1: Relationships inFigure 2-1: Relationships inthe Section 8 Programthe Section 8 Programthe Section 8 Programthe Section 8 Programthe Section 8 Program

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14 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

This patchwork of federal rulesand PHA policies is one of the mostconfusing aspects of the Section 8program. Within this framework, it

is difficult to know whichSection 8 procedures areactually HUD requirementsand which are local PHApolicies that could be

changed. It helps tounderstand which agencies can

administer the Section 8 program andhow much flexibility they actually havein establishing Section 8 policies.

How the Section 8 ProgramHow the Section 8 ProgramHow the Section 8 ProgramHow the Section 8 ProgramHow the Section 8 ProgramReally Works: Really Works: Really Works: Really Works: Really Works: TTTTThe Threehe Threehe Threehe Threehe ThreeParties InvolvedParties InvolvedParties InvolvedParties InvolvedParties Involved

IIIIIt is important to note that thePHA’s administration of the Section

8 program involves not only thehousehold receiving Section 8 housingassistance. At the local level, thereare actually three parties involved:

1.1.1.1.1. The PHA;

2.2.2.2.2. The Section 8 household; and

3.3.3.3.3. The owner of private rental housing.

The relationship among these threeparties is illustrated below in Figure 2-2.

Figure 2-2: Figure 2-2: Figure 2-2: Figure 2-2: Figure 2-2: Relationships Between PHA, Household,andRelationships Between PHA, Household,andRelationships Between PHA, Household,andRelationships Between PHA, Household,andRelationships Between PHA, Household,andOwner in the Owner in the Owner in the Owner in the Owner in the Section 8 ProgramSection 8 ProgramSection 8 ProgramSection 8 ProgramSection 8 Program

OwnerOwnerOwnerOwnerOwner(landlord)(landlord)(landlord)(landlord)(landlord)

Provides rentProvides rentProvides rentProvides rentProvides rentsubsidy tosubsidy tosubsidy tosubsidy tosubsidy to

ownerownerownerownerowner

Selects Section 8Selects Section 8Selects Section 8Selects Section 8Selects Section 8household andhousehold andhousehold andhousehold andhousehold andissues voucherissues voucherissues voucherissues voucherissues voucher

Pays tenant sharePays tenant sharePays tenant sharePays tenant sharePays tenant shareof rent to ownerof rent to ownerof rent to ownerof rent to ownerof rent to owner

HouseholdHouseholdHouseholdHouseholdHousehold(tenant)(tenant)(tenant)(tenant)(tenant)

PHA administers thePHA administers thePHA administers thePHA administers thePHA administers theprogram and establishesprogram and establishesprogram and establishesprogram and establishesprogram and establishes

local policieslocal policieslocal policieslocal policieslocal policies

CHAPTER 2

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Technical Assistance Collaborative, Inc. 15

Different Types of PHAsDifferent Types of PHAsDifferent Types of PHAsDifferent Types of PHAsDifferent Types of PHAsThat Administer theThat Administer theThat Administer theThat Administer theThat Administer theSection 8 ProgramSection 8 ProgramSection 8 ProgramSection 8 ProgramSection 8 Program

AAAAAs mentioned earlier, all agenciesthat administer a Section 8

program are referred to as PublicHousing Agencies, or PHAs, byHUD. On average, there areover 50 PHAs administering theSection 8 housing progam perstate, but the number varies

greatly from state to state. Forexample, the State of Texas has

over 200 PHAs while the State ofAlaska has two. The sheer number ofPHAs administering the Section 8 programmakes it even more confusing anddifficult for the disability community.

There are three types of PHAsthat administer the Section 8 program:

1.1.1.1.1. Local public housing authorities

2.2.2.2.2. State housing agencies

3.3.3.3.3. Non-profit organizations

1. Local Public Housing Authorities1. Local Public Housing Authorities1. Local Public Housing Authorities1. Local Public Housing Authorities1. Local Public Housing Authorities

Usually, but not always, Section 8administering agencies are publichousing authoritiesauthoritiesauthoritiesauthoritiesauthorities. A public housingauthority is a unique governmental bodythat administers either public housingor Section 8 vouchers — or both — forthe federal government at the locallevel. Public housing authorities arecreated in each state based on statelaws. Public housing authorities havean elected or appointed Board ofCommissioners, an Executive Director,and staff who run specific programs.

Public housing authorities are notrequired to run the Section 8 program;in fact, some housing authorities onlyadminister federal public housingunits and do not administer aSection 8 program. Although thereare more than 3,000 public housing

authorities across the country, at thepresent time there are approximately2,600 housing authorities administeringthe Section 8 program. Over half ofthese housing authorities administerless than 250 Section 8 vouchers.

Since public housing authoritiesare governmental bodies, they may beinfluenced by the political agendas orbiases of elected or appointed officials.They can also be influenced by politicalpressure from the disability community.This is important to keep in mind whenengaging a public housing authority ina dialogue about how to use housingresources to address the needs ofpeople with disabilities.

Public housing authorities are themost common and well-known Section 8administering agencies. When peopleuse the term “PHA” they are usuallyreferring to public housing authorities.authorities.authorities.authorities.authorities.To be consistent with HUD definitions,however, the term “PHAs” refers to“Public Housing AgenciesAgenciesAgenciesAgenciesAgencies” and includesany agency under contract with HUDto administer Section 8 housingassistance, including local public housingauthorities, state housing agencies, andnon-profit organizations that administerthe Section 8 Mainstream program.

2. State Housing Agencies2. State Housing Agencies2. State Housing Agencies2. State Housing Agencies2. State Housing Agencies

Depending on state laws, manystate housing agencies (includingstate departments of communityaffairs and some state housing finance

agencies) are also eligible toadminister the Section 8program. In some states, thestate housing agency mayadminister the Section 8

program only in the areas

Look in the blue pages of thephone book or on the web(www.hud.gov/offices/pih/systems/pic/haprofiles/) for alist of public housing authorities.

How The Section 8 Program Is Administered

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16 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

WV

26

PA

89

NY

179

ME

26

VT 12NH 21MA 133RI 26CT 47

NJ 86DE 6MD 28DC 3

OH

77IN

61

MI

78

WI

69

IL

78

IA

47

MN

68

MO

72

AR

79

KY

53

TN

36

VA

35

NC

73

SC

33GA

21AL

74MS

12

FL

98

LA

102

TX

212

NM

30

OK

28

KS

29

NE

29

SD

26

ND

35

MT

10

WY

6

CO

42

ID

6

WA

35

OR

25

CA

122

NV

7UT

20

AZ

26

AK

2

HI

6

OUTLYING AREAS

Guam 1Puerto Rico 77N. Mariana Islands 1Virgin Islands 1

of the state where there are no publichousing authorities. This model issometimes referred to as a “balance ofstate” Section 8 program. In otherstates, both a public housing authorityand a state housing agency may beadministering separate Section 8programs in the same local communities.

Section 8 vouchers for persons withdisabilities available through theMainstream Housing Opportunitiesfor Persons with Disabilities program.To date, there are over 25 non-profitagencies administering the Mainstreamprogram across the nation. Theseagencies are included in a list ofPHAs with vouchers for people withdisabilities in Appendix B. These non-profit organizations are required torun the Section 8 program in thesame manner as other PHAs.

Non-profit organizations may alsobe administering the Section 8 programthrough a contract with a public hous-ing authority or state housing agency.For example, the Massachusetts De-partment of Housing and CommunityDevelopment administers a statewide

Figure 2-3: Figure 2-3: Figure 2-3: Figure 2-3: Figure 2-3: Number of Public Housing Agencies Number of Public Housing Agencies Number of Public Housing Agencies Number of Public Housing Agencies Number of Public Housing Agencies in Each Statein Each Statein Each Statein Each Statein Each StateTTTTThat Administer Section 8 Programshat Administer Section 8 Programshat Administer Section 8 Programshat Administer Section 8 Programshat Administer Section 8 Programs

CHAPTER 2

Massachusetts, Michigan,New Jersey, and Rhode Islandare examples of states withstatewide Section 8 programs.

3. Non-Profit Organizations3. Non-Profit Organizations3. Non-Profit Organizations3. Non-Profit Organizations3. Non-Profit Organizations

In 1999, certain non-profitdisability organizations became eligibleto administer a small “set-aside” of

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Technical Assistance Collaborative, Inc. 17

Section 8 program through eightregional non-profit organizations.Although the state agency makes alldecisions regarding Section 8 policies,the non-profit organizations are re-sponsible for the day-to-day adminis-tration and management of the pro-gram, including selecting households,determining eligibility for the program,issuing Section 8 vouchers, inspectinghousing units, and making rental pay-ments to owners.

PHA Policies VaryPHA Policies VaryPHA Policies VaryPHA Policies VaryPHA Policies Vary

AAAAAs mentioned earlier, PHAs thatadminister the Section 8 program

are given the flexibility to establishSection 8 policies that reflectthe specific housing needs oftheir communities. As a result,PHAs within the same metro-politan area may have Section

8 programs that operate com-pletely differently from one

another. This local flexibility isanother reason why the Section 8program is so confusing and difficultto navigate through.

Because PHAs have this flexibility,theoretically each PHA can design aseparate and unique Section 8 program —possibly radically different from otherSection 8 programs in the same stateor community. For example, one PHAmay accept applications for its Section8 program all the time, while anothermay only accept applications two weekseach year. Given that there areapproximately 2,600 PHAs across thenation administering individual Section8 programs, it can be extremelyextremelyextremelyextremelyextremelydifficult to determine the Section 8program policies in each community.

Many PHAs have not yet used thisflexibility to create policies thatfacilitate the use of Section 8vouchers by people with disabilities.For example, according to The Uses of

Discretionary Authority in the Tenant-Based Section 8 Program published byHUD,1 only 2 percent of PHAs are using“needs-based” preferences — such as apreference for people with disabilitiesor a preference for homeless people —in their Section 8 program. Thisguidebook highlights Section 8 policiesthat a PHA couldcouldcouldcouldcould use that would helppeople with disabilities obtain and keepa voucher.

Below are two examples of waysPHAs can use this flexibility, including:

• Section 8 waiting list preferences;and

• Section 8 set-asides.

Section 8 Waiting List PreferencesSection 8 Waiting List PreferencesSection 8 Waiting List PreferencesSection 8 Waiting List PreferencesSection 8 Waiting List Preferences

HUD allows each PHA to implementpreferences for their Section 8 waitinglist that reflect the housing needs of

its particular community. Thesepreferences allow householdswith certain characteristicsor circumstances — such aslocal residents, people with

disabilities, people who arehomeless, etc. — to receive Section

8 assistance before others. PHAs arenot required by HUD to use any prefer-ences, but they may choose to do so(with HUD approval).

Section 8 Set-AsidesSection 8 Set-AsidesSection 8 Set-AsidesSection 8 Set-AsidesSection 8 Set-Asides

In the past decade, Congress hasappropriated funds for new Section 8vouchers targeted to specific popula-

tions, including veterans, familiesreunifying with their children,families moving from welfareassistance to employment,and people with disabilities.PHAs are not required to

apply for these vouchers;rather, they have the option toapply. Over 440 PHAs across thenation now administer special set-aside voucher programs targeted

How The Section 8 Program Is Administered

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18 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

exclusively to people with disabilities.Appendix B contains a listing of thesePHAs.

These vouchers are consideredpart of the Section 8 program and areutilized in the same manner. People withdisabilities have access to these vouch-ers as well as vouchers in the PHA’sregular Section 8 program. However,vouchers set aside for people withdisabilities can only only only only only be used by peoplewith disabilities. Since PHAs may admin-ister different Section 8 set-aside pro-grams — each with its own eligibilitycriteria — it is important to learn thedifferent policies used for each.

The PHA Plan andThe PHA Plan andThe PHA Plan andThe PHA Plan andThe PHA Plan andthe Section 8the Section 8the Section 8the Section 8the Section 8Administrative PlanAdministrative PlanAdministrative PlanAdministrative PlanAdministrative Plan

OOOOOne way to find out how a PHA isadministering the Section 8

program is to review their writtendocuments. The most critical documentsare the two plans required by HUD:

• Public Housing Agency Plan; and

• Section 8 Administrative Plan.

In the aggregate, these two plansdocument the PHA’s long-range stra-tegic plans for using the Section 8program to meet the housing needsof the community, as well as theirpolicies for the day-to-day adminis-tration of the Section 8 program.

Public Housing Agency PlanPublic Housing Agency PlanPublic Housing Agency PlanPublic Housing Agency PlanPublic Housing Agency Plan

The Public Housing Agency Plan, orPHA Plan, is the “master plan” for botha PHA’s Section 8 and public housing

resources. Each PHA is requiredto have a HUD-approved PHAPlan that describes theagency’s overall mission forserving low-income and very

low-income individuals and

families, and the strategies for usingSection 8 and public housing resourcesto meet the housing needs of thesehouseholds. For example, a PHA will berequired to state in its PHA Plan if itwill apply for any Section 8 voucherstargeted to people with disabilities.

CHAPTER 2

A PHA Plan must include a needsassessment, including the needs ofpeople with disabilities and thenumber of people with disabilitieson the PHA’s Section 8 waiting list.

In consultation with a ResidentAdvisory Board, each PHA developedits first PHA Plan during 2000, includinga statement on the housing needs oflow- and very low-income people in thecommunity and how the PHA will meetthose needs. Copies of some PHAPlans are posted on HUD’s websiteat www.hud.gov/offices/pih/pha.

Some PHA Plans are not very usefulto the disability community. Forexample, some have incomplete needsassessments that do not include anydata on the housing needs of peoplewith disabilities. Or, a PHA Plan maydocument a significant need for housingassistance among people with disa-bilities, but may not describe anystrategies to use PHA resources tomeet that need. To address thisproblem, the disability communityshould work closely with PHAs toensure that the PHA Plan — which canbe amended if it is not accurate — isaccurate and responsive to the housingneeds of people with disabilities.

Section 8 Administrative PlanSection 8 Administrative PlanSection 8 Administrative PlanSection 8 Administrative PlanSection 8 Administrative Plan

Any PHA that receives Section 8funds from HUD must develop and

make available to the publicupon request a HUD-approvedSection 8 Administrative Planthat outlines its policies andprocedures for managing the

Section 8 program. At a

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minimum, the Administrative Planmust describe how Section 8 house-holds are assisted in locating suitablehousing; how calculations are madeand the amount of housing assistancepayments determined; and whatsafeguards are used to preventthe misuse of funds.

The Section 8 Administrative Planis the main resource for learning what

discretionary policies a PHA hasestablished. It details thepolicies concerning eligibilitycriteria, applications, waiting listmanagement, tenant selection

policies, housing inspection stan-dards, and PHA administrative respon-sibilities. These topics are also coveredin the subsequent chapters of thisguidebook.

How to Get a CopyHow to Get a CopyHow to Get a CopyHow to Get a CopyHow to Get a Copy

These two plans contain valuableinformation and must be made availableto the public. The disability communitycan ask any local PHA for a copy of itsSection 8 Administrative Plan and itsPHA Plan. Some PHAs will supply acomplete copy free of charge and mayeven post the plans on the Internet.As mentioned earlier, HUD has alsoposted some PHA Plans on the Internetat www.hud.gov/offices/pih/pha.

Other PHAs, especially those withlimited staff, may only display copies intheir office and may charge for copying.

Influencing Section 8Influencing Section 8Influencing Section 8Influencing Section 8Influencing Section 8PoliciesPoliciesPoliciesPoliciesPolicies

TTTTThere may be policies described inthese plans that are impeding the

access of people with disabilities toSection 8 housing assistance. Keep inmind that these plans can be amended.After reading this guidebook andlearning more about the Section 8program, the disability community maywant to approach the PHA to advocatefor changes in Section 8 policies andprocedures.

Often PHAs operate their Section8 program the same way for manyyears and are resistant to change.To work effectively with a PHA, it isimportant to have a clear understandingof the ways that Section 8 housingassistance can can can can can and cannot cannot cannot cannot cannot be used.The Code of Federal Regulations (CFR),HUD notices,2 and rules published inthe Federal Register3 are otherresources for Section 8 information.

It is important that thedisability communityunderstand that,although many of thesedocuments — especially

the CFR and FederalRegister — are complicated

and can be difficult to read, theycontain very useful information aboutthe Section 8 program.

How The Section 8 Program Is Administered

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20 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Chapter 2 SummaryChapter 2 SummaryChapter 2 SummaryChapter 2 SummaryChapter 2 Summary• There may be more than one Section 8 program operating in a community.

It is important to determine which PHAs administer the Section 8 programin each locality.

• Many Section 8 policies are left up to the discretion of the PHA. Thesepolicies may be influenced by advocacy efforts or by using the toolsprovided by the federal fair housing laws (see Chapter 8).

• HUD allows PHAs to implement preferences for their Section 8 waitinglists that reflect the housing needs of their particular community. Thesepreferences allow households with certain characteristics or circumstan-ces — such as local residents, people with disabilities, homeless people, etc. —to receive Section 8 assistance before others.

• In the past decade, Congress has appropriated funds for new Section 8vouchers targeted to specific populations, including people with disabilities.Over 440 PHAs across the nation now administer special set-aside voucherprograms targeted exclusively to people with disabilities.

• People with disabilities, as well as other members of the public, have theright to request copies of and review the PHA’s Section 8 AdministrativePlan and PHA Plan. These documents contain all PHA Section 8 policiesand procedures.

1 U.S. Department of Housing and Urban Development. 2001. Prepared by the Office of Policy Development andResearch and the Division of Program Monitoring and Research.

2 Available online at www.hud.gov/offices/pih/regs/index.cfm

3 Available online at www.access.gpo.gov/su_docs/aces/aces140.html

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Chapter 3Chapter 3Chapter 3Chapter 3Chapter 3

Eligibility, Applications, AndEligibility, Applications, AndEligibility, Applications, AndEligibility, Applications, AndEligibility, Applications, AndThe Waiting List ProcessThe Waiting List ProcessThe Waiting List ProcessThe Waiting List ProcessThe Waiting List Process

EEEEEach PHA that administers aSection 8 program is required to

make a special effort — known asoutreach — to inform the public aboutthe Section 8 program and provideinformation designed to help house-holds apply for Section 8 assistance.As part of this outreach effort, PHAsmust provide information about whois eligible for Section 8 assistance.Since most PHAs have a very limitednumber of vouchers to distribute atany one time, usually new applicationsare added to the PHA’s Section 8waiting list. This chapter will provideinformation about Section 8 programeligibility criteria, as well as a descrip-tion of the entire application andwaiting list process.

Program EligibilityProgram EligibilityProgram EligibilityProgram EligibilityProgram Eligibility

AAAAA lthough it often seems confusing,eligibility for the Section 8

program is quite straightforward.To be eligible for the Section 8program a household must:

• Be very low-income.Be very low-income.Be very low-income.Be very low-income.Be very low-income. This means ahousehold’s income must be at orbelow 50 percent of the area medianincome as determined by HUD. Eachyear, usually in April, HUD publishesthe Section 8 income limits forevery housing market area acrossthe nation. These income limitsare used to determine eligibility forthe Section 8 program and can belocated online at www.huduser.org/datasets/il.html;

ANDANDANDANDAND

• Be a citizen or a non-Be a citizen or a non-Be a citizen or a non-Be a citizen or a non-Be a citizen or a non-citizen with “eligiblecitizen with “eligiblecitizen with “eligiblecitizen with “eligiblecitizen with “eligibleimmigration status;”immigration status;”immigration status;”immigration status;”immigration status;”11111

ANDANDANDANDAND

• Be in good standing withBe in good standing withBe in good standing withBe in good standing withBe in good standing withfederal housing programs.federal housing programs.federal housing programs.federal housing programs.federal housing programs.Specifically, to be eligible for theSection 8 program, a household mustnot have:

- Been evicted from publichousing;

Eligibility, Applications, And The Waiting List Process

The first step to obtaining aSection 8 voucher is to determinewhich PHAs in each communityadminister a Section 8 program.

The blue pages in the phone bookshould list all the public housingauthorities, or visit HUD’s website(www.hud.gov/offices/pih/systems/pic/haprofiles/) to get an entire list of allthe PHAs in each state.

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22 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

- Been terminated from anotherSection 8 program for cause;

- Committed fraud or criminalacts in connection with a federalhousing program; or

- Failed to reimburse a PHA forunpaid rent or damages, orcurrently owe money to a PHA.

Virtually all people with disabilitiesreceiving SSI benefits are incomeeligible for the Section 8 program.On average, nationally, the income of a

person receiving SSI is equal to18.5 percent of the medianincome — well below 50 percent.As mentioned in Chapter 2, newfederal income targeting laws

require that at least 75 percentof a PHA’s Section 8 vouchers must go

to households with incomes at or below30 percent of the area median income.This law should result in increased accessto vouchers by people with disabilities.

In addition to the eligibility criteriajust described, in the late 1990s, PHAswere given the discretion to screenSection 8 households for prior tenanthistory, owner references, credithistory, and other criteria. Moreinformation about this screeningprocess is provided in Chapter 4.

OutreachOutreachOutreachOutreachOutreach

TTTTThe goal of all outreach activitiesis to reach as many potentially

eligible households as possible withinthe PHA’s jurisdiction to make themaware of the Section 8 program.Through this outreach, a PHA must,at a minimum, provide “public notice”of the opportunity to submitSection 8 applications.

According to HUD regulations,this public notice must at least includeannouncements in local newspapers andin minority media, as well as in other

appropriate publications. Theseannouncements must state:

• Where and when to apply forthe Section 8 program; and

• Any limitations on eligibilityfor Section 8 vouchers.

PHAs use a variety of additionaloutreach strategies. Some examples ofother Section 8 outreach effortsinclude:

• Delivering public serviceannouncements through localtelevision or radio;

• Partnering with local social serviceorganizations to assist in “spreadingthe word”; and

• Distributing fliers to religiousinstitutions; schools; welfare andgovernment offices; hospitals;libraries; supermarkets; and othercommunity agencies.

It is important to be aware ofSection 8 outreach activities. Reviewthe local newspaper carefully, particu-larly the section containing publicnotices from government agencies.Look for fliers in the library, supermar-kets, and other local institutions. Makesure to read all outreach notices care-fully and ask questions to determinehow and when to submit an application.The best way to find out if a PHA isaccepting Section 8 applications is tocall or visit the PHA office and speakto someone who is in charge of theSection 8 application process.

The disability community can playa very important role in outreachactivities. In some communities, as a

reasonable accommodationunder the fair housing laws,PHAs notify disabilityorganizations ahead of timeabout their plans to start

accepting applications. This“advance notice” helps the PHA and

disability organizations work together

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Technical Assistance Collaborative, Inc. 23

to ensure that eligible people withdisabilities are informed about theopportunity to submit Section 8 appli-cations. Often, disability organiza-tions play a key role in distributingapplications, helping people withdisabilities complete applications,collecting completed applications,and making sure the applicationsare received by the PHA on time.

Outreach to SpecialOutreach to SpecialOutreach to SpecialOutreach to SpecialOutreach to SpecialPopulationsPopulationsPopulationsPopulationsPopulations

IIIIIn some circumstances, a PHA mayopen its waiting list only for cer-

tain types of households. In thesesituations, the PHA will accept Section

8 applications from people whomeet specific eligibility criteria.For example, PHAs that havespecial set-aside vouchers forpeople with disabilities may open

their waiting lists only for peoplewith disabilities.

In this case, a PHA may limit itsoutreach efforts to activities that willmost effectively reach this group. APHA opening its Section 8 waiting listfor applications from people withdisabilities may choose to limit out-reach to the disability communitythrough informational meetings andfliers distributed to local social serviceand government agencies that provideservices to people with disabilities.Again, it is important to askquestions and read all outreachmaterials carefully to determine ifthere are any limitations on theapplication process.

PHAs with set-aside voucherstargeted to people with disabilitiesshould be encouraged to open thewaiting list exclusively to people withdisabilities, particularly if the PHA hashad difficulty using (i.e., leasing) thesevouchers. Here again, the disability

community can be a helpful partnerto the PHA by referring eligibleapplicants and by providing supportto complete the application and hous-ing search process.

Applying for a VoucherApplying for a VoucherApplying for a VoucherApplying for a VoucherApplying for a Voucher

SSSSS ince the demand for housingassistance almost always exceeds

the number of Section 8vouchers available, PHAsare usually unable to assista Section 8 applicantimmediately. In this case,

the PHA will add the applica-tion to its Section 8 waiting list.

In many communities, these waitinglists are extremely long — sometimesthere are ten times the number ofhouseholds on the list as there areSection 8 vouchers! Not surprisingly,long waiting lists can result in ex-tremely long waiting periods (i.e.,several years) for applicants to beselected. Therefore, people withdisabilities can and should apply toas many PHAs as possible. However,a separate written application mustbe submitted to each PHA.

Completing the Section 8Completing the Section 8Completing the Section 8Completing the Section 8Completing the Section 8ApplicationApplicationApplicationApplicationApplication

The first step to obtaining avoucher is successfully completing a

Section 8 application. Unfor-tunately, there is not a stan-dard Section 8 application.Instead, each PHA createsits own application form. In

general, however, most Section 8applications request information about:

• Household composition;

• Income and assets;

• Disability status; and

• Other information needed todetermine eligibility.

Eligibility, Applications, And The Waiting List Process

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24 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Many PHAs use a shortened (i.e.,1-2 page) Section 8 application — oftenreferred to as a “pre-application.”Information requested on this pre-application may include: name, address,social security number, age, householdsize, disability status, total householdincome, and other information deemedpertinent by the PHA.

Some PHAs may require thatinterested applicants complete a fullSection 8 application that requests

case, a PHA must provide assistanceto complete an application if a personwith a disability requests it. Forexample, a person who is visually im-paired may request that PHA staffread and help fill out the application.

Accepting and ProcessingAccepting and ProcessingAccepting and ProcessingAccepting and ProcessingAccepting and ProcessingApplicationsApplicationsApplicationsApplicationsApplications

Each PHA has its own policiesregarding when applications are ac-

cepted and in what mannerthese applications arecollected and processed.These policies must be des-cribed in a PHA’s Section 8

Administrative Plan.Some PHAs require interested

applicants to pick up and drop off anapplication in personin personin personin personin person at the PHA’soffice. If this method presents ahardship for people with disabilities,a reasonable accommodation can berequested. Some PHAs allow anapplicant to mail or fax a writtenapplication to the PHA.

Methods for Accepting ApplicationsMethods for Accepting ApplicationsMethods for Accepting ApplicationsMethods for Accepting ApplicationsMethods for Accepting Applications

There are several methods used byPHAs to accept applications, includingthose listed below:

• PHAs may designate one dayone dayone dayone dayone day inwhich they distribute and/orreceive applications. This methodoften leads to long lines at thePHA’s office and can create ahardship for people with disabilitiesand their advocates.

• PHAs may distribute applicationsto local agencies and interestedapplicants for a short time periodshort time periodshort time periodshort time periodshort time period(e.g., 2 weeks) and require that theybe submitted to the PHA by aspecific deadline.

• PHAs may accept applications onan ongoing basisongoing basisongoing basisongoing basisongoing basis (see the discussionof opening/closing a waiting list onpage 25).

Chapter 3

more comprehensive information —such as amounts and sources of incomefor the household, previous tenant history,etc. — and attach documentation verifyingthe information contained in the application.

It is important to completely fillout the Section 8 application sincePHAs may choose to discard thoseapplications that are incomplete. SomePHAs attempt to contact an applicantin order to fill in any missing data, soit is particularly important that thecontact information on the applicationbe accurate and current.

A person with a disability may wantto include another contact person —

such as an advocate, serviceprovider, family member, orfriend — on the application. Asa reasonable accommodation,the applicant can request that

this person be copied on all PHAcorrespondence sent to the applicant.

PHAs are required to make theapplication “accessible” to people withdisabilities. Some PHAs provideSection 8 applications in differentlanguages or in alternative formats —such as Braille or large print. In any

As part of their outreach efforts,some PHAs provide training onthe Section 8 application processto the disability community andother interested parties.

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ReasonableReasonableReasonableReasonableReasonableAccommodation and theAccommodation and theAccommodation and theAccommodation and theAccommodation and theApplication ProcessApplication ProcessApplication ProcessApplication ProcessApplication Process

TTTTThe Section 8 application processoften poses significant barriers to

people with disabilities. Many peoplewith disabilities have difficulty com-pleting the application, understanding

the deadlines, or obtaining helpwith the process. It is impor-tant to note that a person witha disability may request areasonable accommodation in

the PHA’s policies for acceptingSection 8 applications. Some examplesof changes to the application processthat can be requested as a reasonableaccommodation include:

• Allowing additional time to submit anapplication;

• Allowing applications to be droppedoff at the PHA by a friend, familymember, advocate, service provider,etc.; and

• Conducting home visits in order toallow an applicant to complete theapplication.

Verification ofVerification ofVerification ofVerification ofVerification ofInformationInformationInformationInformationInformation

AAAAAt some point in the applicationprocess — either at the time the

application is submitted, when theapplicant is about to receive a voucher,

or, in some cases, at both times —the applicant will be required tosubmit or provide access todocuments that help verify theinformation provided in the

application. The PHA may contactother local agencies, employers, and

banks to supplement and verify thisdocumentation. In most situations, theapplicant will be required to sign a

Release of Information form so thatthe PHA has permission to contactthese “third parties.”

The information gained throughthe verification process is used fortwo purposes:

1.1.1.1.1. To determine overall eligibility forthe Section 8 program; and

2.2.2.2.2. To determine the amount of“subsidy” the PHA will contributetoward housing costs. How thissubsidy amount is determined isdiscussed further in Chapter 5.

A person with a disabilitymay request a reasonableaccommodation in thePHA’s policies for acceptingSection 8 applications.

Waiting ListsWaiting ListsWaiting ListsWaiting ListsWaiting Lists

Opening and Closing a Section 8Opening and Closing a Section 8Opening and Closing a Section 8Opening and Closing a Section 8Opening and Closing a Section 8Waiting ListWaiting ListWaiting ListWaiting ListWaiting List

Section 8 applications are onlyaccepted while a PHA’s Section 8 waitinglist is “open.” A PHA opens the Section8 waiting list to increase the number ofapplicants on its list. HUD requires thatPHAs open the Section 8 waiting list ifthey do not have enough applicants tobe able to distribute vouchers theyanticipate will be available.

In general, PHAs use one of twomethods to add applications to thewaiting list:

• Chronological order:Chronological order:Chronological order:Chronological order:Chronological order: based on thedate and time received; or

• Randomly ordered:Randomly ordered:Randomly ordered:Randomly ordered:Randomly ordered: referred toas a “lottery.” Occasionally, theapplications that are put into thelottery are limited to a specificnumber (e.g., the first 200 receivedby the PHA) or to those received bya specified date.

Eligibility, Applications, And The Waiting List Process

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26 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

A PHA’s policies about howapplications are added to the waitinglist should be included in all outreachmaterial and must be described in theSection 8 Administrative Plan.

Closed ListsClosed ListsClosed ListsClosed ListsClosed Lists

If the PHA determines that thereare enough applicants on the waitinglist to utilize all vouchers expected tobe available in the near future, HUDpermits the PHA to close its list.When the list is “closed,” no applicationscan be accepted. The PHA can grantsome exceptions to this rule for peo-ple displaced by fire, flood, naturaldisaster, or other federal action. Theseexceptions must be clearly documentedin the Section 8 Administrative Plan.When a closed waiting list is “reopened,”the PHA must follow the outreachrequirements described earlier.

Since, as mentioned above, manyPHAs have long waiting lists, thereare many lists that are closed andhave been closed for many years.Unfortunately, lists that have beenclosed for a long time may includeapplicants that can no longer be easilycontacted. For example, applicants onthe list may have:

• Located other housing and nolonger need a voucher; or

• Moved and have not provideda forwarding address.

Because a PHA is required to try tocontact each applicant on the waitinglist, “old” Section 8 waiting lists can

mean long delays in gettingSection 8 vouchers tohouseholds that need them.PHAs have been known tocontact as many as 50-100

applicants in order to issue 10vouchers. It is critical for thedisability community to stress theimportance of good waiting listmanagement to the PHA and help

them develop fair policies to achievethis goal. Examples of strategies thatcan be used to prevent “old” Section 8waiting lists from being a probleminclude the following:

• PHAs should be encouraged toupdate their waiting lists regularly— at least once a year.

• Section 8 applicants and theiradvocates should always always always always always notify thePHA when they have moved or ifthere has been a change in theircontact information.

Waiting List PreferencesWaiting List PreferencesWaiting List PreferencesWaiting List PreferencesWaiting List Preferences

WWWWWaiting list preferences are a veryimportant aspect of the Section

8 program. PHAs have the discretionto establish “local preferences,”

subject to HUD approval, toreflect the needs of theirparticular community.Applicants who qualify forthese preferences may be

able to “move ahead” of otherhouseholds on the waiting list whodo not qualify for any preference.

A PHA’s preferences for theSection 8 program must be documentedin both the Section 8 AdministrativePlan and PHA Plan. Examples of somelocal preferences include:

• People who work in, or are residentsof, a specific locality (known as a“residency” preference).

• People who are homeless.

• People living in substandard housing.

• People paying more than 50 percentof income for rent.

• People with disabilities.

It is important to note that althoughPHAs may establish a preference forpeople with disabilities, they may notestablish a preference for people with a

Chapter 3

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Technical Assistance Collaborative, Inc. 27

specific type of disability (e.g., peoplewith mental retardation).

Since some waiting lists can beextremely long, preferences are aninvaluable mechanism for ensuring thatthe people with the most severehousing needs — such as people withdisabilities receiving SSI — don’t haveto wait as long as certain other eligiblehouseholds. Unfortunately, many PHAshave not implemented a preference forpeople with disabilities. Instead, somePHAs have established preferencesthat favor higher-income households —such as working families.

Given the extreme need for housingassistance among people with disabilities,it is critical that the disability communityencourage PHAs to implement prefer-ences that assist people with disabil-ities to move quickly through the

waiting list. Other examples of Section8 preferences that may benefit peoplewith disabilities include:

• People living in transitional housing;

• People living in Single RoomOccupancy (SRO) units;

• People living in “restrictive settings,”such as institutions, nursing homes,group homes, or board and carehomes; and

• People receiving state-fundedsupportive services.

Table 3-1 below demonstrates howpreferences can effect the position ofapplicants on the Section 8 waiting list.

Section 8 preferences are onereason why it is difficult for both the

PHA and Section 8 applicantsto know exactly how longthey will have to wait for avoucher. At some PHAs,applicants without a prefer-

ence may never never never never never receive avoucher because applicants with

a preference will always be movedahead of them on the waiting list.

PHAs can establish apreference in theirSection 8 waiting list forpeople with disabilities.

Table 3-1: Example of Preferences and the Section 8 Waiting ListTable 3-1: Example of Preferences and the Section 8 Waiting ListTable 3-1: Example of Preferences and the Section 8 Waiting ListTable 3-1: Example of Preferences and the Section 8 Waiting ListTable 3-1: Example of Preferences and the Section 8 Waiting ListThe Jonesville PHA administers 100 Section 8 vouchers and expects that 10 voucherswill be available during the next year. It currently has a waiting list of 11 applicants.The Jonesville PHA uses two preferences to select people from its Section 8 waitinglist: residency and disability. These preferences are applied equally. As shown in thisexample, those applicants who meet one of these preferences are selected beforethose who do not meet any preference, despite the fact that the non-preferenceapplicants may have applied first.

Date ofDate ofDate ofDate ofDate of PreferencesPreferencesPreferencesPreferencesPreferences OrderOrderOrderOrderOrderApplicationApplicationApplicationApplicationApplication NameNameNameNameName NoneNoneNoneNoneNone ResidencyResidencyResidencyResidencyResidency DisabilityDisabilityDisabilityDisabilityDisability SelectedSelectedSelectedSelectedSelected

2/2000 Smith X 74/2000 Ramirez X 85/2000 Jones X 1

7/2000 Lee X 99/2000 McMillian X 10

10/2000 Martinez X 2

12/2000 Miller X 34/2001 O’Rourke X X 49/2001 Cooper X 5

10/2001 Schwartz X 1112/2001 Chang X X 6

Eligibility, Applications, And The Waiting List Process

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28 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

If a PHA has several preferencesthat are used through a “ranking”structure (e.g., first preference forhouseholds displaced by fire, secondpreference for households fleeingdomestic violence), it is even moredifficult to predict when a voucher willbe available for an applicantwith alower ranked preference.

After the ApplicationAfter the ApplicationAfter the ApplicationAfter the ApplicationAfter the ApplicationProcessProcessProcessProcessProcess

AAAAAfter the application is submitted,it is extremely important for

Section 8 applicants to stay as inform-ed as possible about their waiting list

One way to learn more about anapplicant’s status is to call the PHA.Some PHAs assign a number to eachapplication and include this “controlnumber” on all written correspondencewith the applicant. This control numbershould be referenced when calling thePHA. Unfortunately, as stated above,the PHA may not be able to provide aspecific answer regarding the wait periodand may only be able to give a generalidea (e.g., within the next year).

Because the majority of PHAscorrespond with Section 8 applicants

by mail, it is important that anychange in contact informationbe relayed promptly to the PHA.Also, as mentioned before, itmay be helpful to include a

secondary contact and requestthat the PHA copy this person on all

PHA correspondence. This can be re-quested as a reasonable accommodationfor a person with a disability.

PHA Waiting List UpdatesPHA Waiting List UpdatesPHA Waiting List UpdatesPHA Waiting List UpdatesPHA Waiting List Updates

TTTTTo best manage the hundreds, oreven thousands, of applicants on

the Section 8 waiting list, PHAs shouldregularly “update” the list. Keep in mindthat people may apply to differentPHAs, and be on many waiting lists atthe same time. Therefore, some PHAsupdate their waiting list once a year, orperhaps even every six months, to keepit as current as possible.

In order to update their waitinglists, PHAs must send out letters toapplicants asking them to reconfirm

Chapter 3

By reading the PHA’s Section 8Administrative Plan and learningabout a PHA’s preferences, thedisability community will have abetter understanding of how theSection 8 waiting list works.

As a reasonable accomodationfor a person with a disability,a PHA can allow previouslyincomplete applications to beadded to the list (once completed),even if the list is now closed.

“status.” Applicants must receive aletter from the PHA verifying theirapplication status. This letter maystate that the application has beenadded to the Section 8 waiting list.Sometimes the PHA’s letter may statethat the application is incomplete andprovide an opportunity for the appli-cant to provide the missing informa-tion. In other cases, the letter maystate that the PHA held a lottery andthis application was not successful —meaning it was not added to thewaiting list.

A person with a disability thatdoes not respond to a waiting listupdate letter (and consequentlyhas their name removed fromthe waiting list) can request thattheir name be reinstated to the listas a reasonable accommodation.

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Chapter 3 SummaryChapter 3 SummaryChapter 3 SummaryChapter 3 SummaryChapter 3 Summary• To be eligible for the Section 8 program, applicants must be very low-income

(i.e., have incomes at or below 50 percent of the area median income), be acitizen or a non-citizen with “eligible immigration status,” and be in goodstanding with PHAs.

• When accepting applications for the Section 8 program, a PHA mustconduct outreach to potentially eligible households within its jurisdiction.These outreach activities can be limited to “special populations” that meetspecific eligibility criteria.

• Partnerships between PHAs and the disability community can enhanceSection 8 outreach efforts.

• The first step to obtaining a voucher is successfully completing a writtenSection 8 application. Generally, these applications ask for informationabout household composition; income and assets; disability status; andother information needed to determine eligibility.

• The demand for housing assistance almost always exceeds the number ofSection 8 vouchers available. When this occurs, PHAs add Section 8applications to their Section 8 waiting list. These lists can be extremelylong and the waiting period can be years in some communities.

• A PHA’s Section 8 waiting list is considered “open” when the PHA isaccepting applications for the program. A PHA can add names to its list bymany methods, including chronologically and by lottery.

• Preferences can be very helpful in moving people along the waiting list.Given that many people with disabilities are currently facing a housingcrisis, the disability community should encourage its local PHA to establisha preference in its Section 8 program for people with disabilities.

• PHAs may not establish a preference for one subgroup of people withdisabilities (e.g., people with developmental disabilities, people who arevisually impaired, people with physical impairments, etc.) since Section 8vouchers must be made available to all people with disabilities.

• PHAs should update their Section 8 waiting list often. Through thisprocess, PHAs ensure that the applicants on the waiting list are stillinterested in receiving Section 8 assistance.

• A reasonable accommodation can be requested at many stages in theapplication process.

1 See 24 CFR Part 5 for more information about the Section 8 requirements regarding citizenship.

Eligibility, Applications, And The Waiting List Process

their interest in the Section 8 program.Often these update letters require theapplicant to respond by a certain date.If the PHA does not receive a response,the applicant is automatically removed

from the waiting list. Through thisprocess, PHAs eliminate any applicantswho do not respond appropriately tothe update letter or who are no longerinterested in the program.

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30 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

AAAAAs discussed in Chapter 3, eligibilityfor the Section 8 program is quite

straightforward. However, recentchanges to Section 8 rules now permitPHAs to impose much more rigid screeningcriteria on Section 8 applicants. Thepurpose of this chapter is to help peoplewith disabilities, their families, advocates,and service providers understandSection 8 screening and verificationprocesses, and to learn how to appealeligibility decisions.

Screening PoliciesScreening PoliciesScreening PoliciesScreening PoliciesScreening Policies

IIIIIn the late 1990s, PHAs were giventhe authority to screen Section 8

applicants for prior tenant history,owner references, credit history, andother criteria. Now, in many instances,it is both the PHA and the owner ofthe rental unit chosen by the Section 8household who may decide whetherthe individual or family is suitable fortenancy. Previously, PHAs were onlypermitted to screen applicants for publichousing, but were not permitted toscreen applicants for the Section 8program. Rather, it was the ownersparticipating in the Section 8 programwho conducted any screening of previoustenant history, credit problems, etc.

Screening Section 8 applicants isnow an option for PHAs, but is notnotnotnotnotmandated by lawmandated by lawmandated by lawmandated by lawmandated by law. The PHA has the

Chapter 4Chapter 4Chapter 4Chapter 4Chapter 4

Screening, Verification, And AppealsScreening, Verification, And AppealsScreening, Verification, And AppealsScreening, Verification, And AppealsScreening, Verification, And Appeals

option of screening Section 8applicants for the following:

• Drug-related criminal activityor other criminal activitythat is a threat to the health,safety, or property of others;

• Non-payment of rent or utility bills;

• Poor treatment of previous housingunits and premises; and

• Lack of respect for the rights ofother residents to the peacefulenjoyment of their housing.

Each PHA has the ability to decidehow in-depth this screening process willbe and how strictly to apply the screen-ing criteria. However, PHAs mustmustmustmustmustscreen all Section 8 applicants uni-formly. For example, if a PHA conductsa criminal records check on one applicant,it must conduct one on every applicant— not just those who “look” like ex-offenders.

Some PHAs conduct lengthycriminal records checks and deny anyapplicant who has committed a crime

within the past three years.In many communities, newscreening criteria have addedeven more paperwork andwaiting time to an already

cumbersome and lengthyapplication process. PHA policies

for screening applicants must be de-scribed in the Section 8 AdministrativePlan and must clearly document thecriteria utilized.

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Screening CriteriaScreening CriteriaScreening CriteriaScreening CriteriaScreening Criteriaand Reasonableand Reasonableand Reasonableand Reasonableand ReasonableAccommodationAccommodationAccommodationAccommodationAccommodation

PPPPPHAs are obligated to modify theirscreening policies to accommodate a

person with a disability. For example,if a PHA denies assistance to a Section8 applicant with mental illness based on

past criminal history (e.g., theapplicant was arrested forloitering and disorderly conductlast year when not takingmedications), the applicant can

ask that the PHA disregard thecriminal history in light of

mitigating circumstances related to thedisability. This request could be“reasonable” if the applicant is nowreceiving supportive services formedication management.

The burden of requesting a reason-able accommodation from the PHA andpresenting any documentation to showwhy it is reasonable falls on the appli-cant. A further discussion of reason-able accommodation in the Section 8program is included in Chapter 8.

Denial of AssistanceDenial of AssistanceDenial of AssistanceDenial of AssistanceDenial of Assistance

SSSSSome applicants are denied Section 8assistance. There are several

reasons why a household could be denied.The most common reasons include:

• A household could have too muchA household could have too muchA household could have too muchA household could have too muchA household could have too muchincome and may not meet the low-income and may not meet the low-income and may not meet the low-income and may not meet the low-income and may not meet the low-income criteria described earlier.income criteria described earlier.income criteria described earlier.income criteria described earlier.income criteria described earlier.Keep in mind that when determiningincome eligibility for the Section 8program, a PHA takes into accountall sources of income from all

household members. For example,if a “household” includes two un-related adults with disabilitiesusing one voucher, the PHA willcombine the income of both adultswhen determining eligibility forthe Section 8 program.

• A household could have a poorA household could have a poorA household could have a poorA household could have a poorA household could have a poortenant history or recent criminaltenant history or recent criminaltenant history or recent criminaltenant history or recent criminaltenant history or recent criminal

history.history.history.history.history. PHAs now have theflexibility to deny Section 8assistance based on pasttenant or criminal history.

For example, an applicantmay be denied Section 8

assistance if the applicant:■ Committed recent drug-related

activity or violent criminal activity;■ Was evicted for cause from

private housing;■ Failed to pay rent in previous

housing; or■ Failed to meet other tenant

obligations in previous housing.

In addition, PHAs may deny Section8 assistance to an applicant based onthe reasons listed above even if it wasnot the applicant’s fault but was causedby another member of the applicant’shousehold. For example, if a recentlymarried couple applied for Section 8assistance with the wife listed as thehead of household and, in the past, thehusband was evicted for cause fromprivate housing, the couple could bedenied Section 8 assistance.

It is important to note that a PHAmay not deny a person admission to theSection 8 program on the basis ofdisability, household status, source ofincome, race, color, sex, religion, ornational origin.

Screening, Verification, And Appeals

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32 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Appealing EligibilityAppealing EligibilityAppealing EligibilityAppealing EligibilityAppealing EligibilityDecisionsDecisionsDecisionsDecisionsDecisions

AAAAA PHA is required to have a formalprocess for appealing decisions

made in the Section 8 program, includingeligibility decisions. This appealprocess must be described in thePHA’s Section 8 AdministrativePlan. In the ideal situation, thisappeals process allows the

applicant to present any mitigat-ing circumstances that may help toreverse the PHA’s decision. For ex-ample, applicants who in the past owedmoney to a PHA may still be given aSection 8 voucher if they show proofof a repayment agreement in goodstanding with the previous PHA.

Many PHAs have specific proceduresfor appealing decisions, including informalhearings with applicants and PHA staffand accepting input from objectivestakeholders such as other PHA staffand/or advocates (e.g., service providers,

family members) of the applicant.However, some PHAs may notmake applicants aware of theirright to appeal PHA decisions. Ifa household is determined ineligible

for the Section 8 program, the PHAmust put in writing the reasons for thedenial and provide information regardingthe appeals process.

Verification andVerification andVerification andVerification andVerification andDocumentation ofDocumentation ofDocumentation ofDocumentation ofDocumentation ofEligibilityEligibilityEligibilityEligibilityEligibility

AAAAAs mentioned earlier, actualdocumentation — such as written

verification of income (including anyassets); household composition(including the age and social securitynumbers of all household members);citizen status; disability status (if

applicable); and other criteria estab-lished by the PHA — is required to proveeligibility for the Section 8 program. Forexample, applicants who meet a residencypreference must prove that they live orwork within the PHA’s jurisdiction.

Some PHAs will require applicants toverify eligibility only when they reachthe top of the Section 8 waiting list.Other PHAs require that applicantsverify their eligibility at two differenttimes — when they first submit theapplication and again when the applicanthas been selected from the waiting list.Usually there is a significant amount oftime between these two events.

Many PHAs require that verification berecent. For example, some PHAs requirethat documentation be less than 60 daysold. As a result, applicants are almostalways required to update any documen-tation previously submitted to the PHA.

Third Party VerificationThird Party VerificationThird Party VerificationThird Party VerificationThird Party Verification

PHAs usually require that verifica-tion be “third party” for all eligibilitycriteria. This means that the actualdocumentation must come from anotherperson or agency (such as an employer,public agency, physician, etc.) Serviceproviders and other members of thedisability community are often goodsources of third party verification.

Third party verification can bewritten or oral; however, written ispreferred by most PHAs. Examplesof this type of verification are:

• Letter from the U.S. Social SecurityAdministration verifying receipt ofSSI benefits and amount received(to prove income and/or disabilitystatus).

• Letter from a physician verifyingdisability status (in accordance withSection 8 rules).

• Birth certificate or passportverifying citizen status.

PHAs will not usually acceptverification of income from anyone

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other than the source of the income orother assets. In other words, the PHAwill not usually allow applicants to obtaintheir own verifications of income,assets, eligibility, or expenses.

The PHA must establish a policypermitting other forms of acceptableverification in those situations when

third party verification is absolutelynot available. As with otherSection 8 policies, thePHA’s standards regardingacceptable forms ofdocumentation must be

documented in the Section 8Administrative Plan.

Failure to Provide VerificationFailure to Provide VerificationFailure to Provide VerificationFailure to Provide VerificationFailure to Provide Verification

Collecting the necessary documenta-tion can be time-consuming and difficult.This step in the Section 8 eligibilityprocess is often hindered by how diffi-cult it is to locate some of the requireddocuments. Advocates, family members,

and service providers can provide assis-tance in collecting these documents andensure that they are recent.

The importance of this step in theSection 8 application process shouldnot be underestimated. Householdsthat fail to provide the PHA with therequired documentation and verifica-tion will be determined ineligible for aSection 8 voucher. It is important tofind out as early as possible what docu-mentation will be required in order toprovide assistance, if needed, to gatherthis information in a timely manner.

Much of the information used todetermine a household’s initial eligibility

for the Section 8 program willhave to be submitted at leastonce a year after the house-hold obtains housing. Failureto provide this information to

the PHA on an annual basis canbe grounds for termination of theSection 8 voucher. It is thereforeextremely important that Section 8households keep all this third partyverification information in a safe andaccessible place. Section 8 householdsmay also want to give copies of thisinformation to trusted friends, familymembers, or service providers.

People with disabilitiescan request extra timeto gather the necessarydocumentation as a

reasonable accommodation.

Chapter 4 SummaryChapter 4 SummaryChapter 4 SummaryChapter 4 SummaryChapter 4 Summary• In the late 1990s, PHAs were given the authority to screen Section 8 applicants

for prior tenant history, owner references, credit history, and other criteria.

• PHAs are obligated to make changes to their screening process toaccommodate a person with a disability.

• Some applicants are denied Section 8 assistance. Some reasons for beingdenied include a household: having too much income, having a poor tenanthistory, or having recent criminal history. When applicants are denied, it isimportant to meet with the PHA and present any information or mitigatingcircumstances that may change the PHA’s decision.

• A PHA must have a formal process for appealing decisions made about eligibility.

• Applicants will be required to provide actual documentation that verifiestheir eligibility for the Section 8 program. Failure to provide thisdocumentation could result in an applicant being determined ineligible.

Screening, Verification, And Appeals

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34 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Chapter 5Chapter 5Chapter 5Chapter 5Chapter 5

Determining Determining Determining Determining Determining TTTTThe Total Tenant Paymenthe Total Tenant Paymenthe Total Tenant Paymenthe Total Tenant Paymenthe Total Tenant PaymentAAAAAnd nd nd nd nd TTTTThe Section 8 Rent Subsidyhe Section 8 Rent Subsidyhe Section 8 Rent Subsidyhe Section 8 Rent Subsidyhe Section 8 Rent Subsidy

IIIIIn the Section 8 program, both theSection 8 household and the PHA

pay a portion of monthly housing costs,including rent to the owner as well asany tenant-paid utilities. The house-hold’s share is called the “total tenantpayment” and is based on the house-hold’s income. The amount of the PHArent subsidy is determined by severalfactors including: the income of theSection 8 household; rental housingmarket costs in the community wherethe Section 8 voucher is being used;and the amount of rent and any tenant-paid utilities for the unit that will beleased by the Section 8 household.

This chapter will provide specificinformation about how the PHA:

• Calculates the total tenant payment;

• Establishes Section 8 paymentstandards based on local housingcosts;

• Calculates the monthly Section 8rent subsidy; and

• Makes other important calculationsthat determine the amount of theSection 8 rent subsidy.

OverviewOverviewOverviewOverviewOverview

DDDDDuring the past few years, HUD’srules concerning the Section 8

rent subsidy and the amount of the

total tenant payment have changed.These changes have resulted inincreased flexibility for PHAs to adjustthe Section 8 rent subsidy to reflectlocal housing costs.

Under these new rules, Section 8households also have more flexibility in

their housing choices becausethey are now permitted topay a slightly higher percent-age of their income towardhousing costs. Unfortu-

nately, in many communitiesthese changes have made the

financial aspects of the Section 8program more difficult to understand.

To fully understand the Section 8program, it is important to understandhow the following three componentsrelate to one another:

1.1.1.1.1. The Section 8 household’s totaltenant payment, based on Section 8rules;

2.2.2.2.2. The Section 8 rent subsidy, basedon the PHA Section 8 paymentstandard; and

3.3.3.3.3. The total cost of the housing,including the rent charged by theowner, as well as the cost of anytenant-paid utilities. HUD requiresthis cost to be “reasonable” based onmodest housing costs for the locality.

Table 5-1 illustrates the relationshipamong these three components.

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Minimum and MaximumMinimum and MaximumMinimum and MaximumMinimum and MaximumMinimum and MaximumTotal Tenant PaymentTotal Tenant PaymentTotal Tenant PaymentTotal Tenant PaymentTotal Tenant Payment

UUUUUnder the new Section 8 voucherprogram, the minimum and

maximum total tenant payment rulespreserve some flexibility for

Section 8 households interms of how much theychoose to contributetoward housing costs. Thebasic rule for the minimum

tenant contribution is stillthe same — Section 8 householdsshould contribute 30 percent ofmonthly adjusted household incometoward housing costs, including anytenant-paid utilities.1

Under the new program, there isalso a maximum total tenant payment,which is set at 40 percent of monthlyadjusted income. This means thatSection 8 households typically pay atleast 30 percent of their income, butcould pay as much as 40 percent oftheir income toward rent and anytenant-paid utilities when they firstmove in to a unit. The effect of the30 percent minimum and 40 percentmaximum total tenant payment ruleis illustrated below in Table 5-2 fora household with a monthly adjustedincome of $500.

Determining The Total Tenant Payment And The Section 8 Rent Subsidy

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••Table 5-1Table 5-1Table 5-1Table 5-1Table 5-1

Three Components of theThree Components of theThree Components of theThree Components of theThree Components of theSection 8 BenefitSection 8 BenefitSection 8 BenefitSection 8 BenefitSection 8 Benefit

Total Tenant Payment $ 150

Section 8 Rent Subsidy + $ 350

Total Housing CostsTotal Housing CostsTotal Housing CostsTotal Housing CostsTotal Housing Costs ===== $$$$$500500500500500

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••In the Section 8 program, the

monthly cost of the housing is paid forby a combination of the total tenantpayment and the Section 8 rentsubsidy. For people with disabilities —particularly people with disabilitiesreceiving SSI benefits — the rentsubsidy provides most of the fundingfor monthly housing costs.

Total Tenant PaymentTotal Tenant PaymentTotal Tenant PaymentTotal Tenant PaymentTotal Tenant Payment

TTTTTo fully understand HUD’s currentrules about the total tenant

payment, it helps to review some ofthe history of the Section 8 program.When the Section 8 certificateprogram began in 1975, it was based onthe principle that low-income householdsshould not pay more than 30 percent oftheir monthly adjusted income towardhousing costs.

When the Section 8 voucher programwas added in 1988, the voucher programrules initially had no limitno limitno limitno limitno limit on the amountof the total tenant contribution.However, as mentioned earlier, in 1998the federal government “merged” theSection 8 certificate program and theformer Section 8 voucher program andcreated the new Section 8 HousingChoice Voucher Program. The newHousing Choice Voucher Program(referred to as the “Section 8 program”in this guidebook) has both a minimumand maximum total tenant payment rule.

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••Table 5-2Table 5-2Table 5-2Table 5-2Table 5-2

Minimum and MaximumMinimum and MaximumMinimum and MaximumMinimum and MaximumMinimum and MaximumTotal Tenant PaymentTotal Tenant PaymentTotal Tenant PaymentTotal Tenant PaymentTotal Tenant Payment

Tenant MonthlyAdjusted Income $ 500

Minimum Total TenantPayment @ 30% of $500 $ 150

Maximum Total TenantPayment @ 40% of $500 $ 200

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

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36 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

In this example, the Section 8household would pay at least $150toward monthly housing costs, butcould choose to pay up to $200 — anincrease of up to $50 — if they wantedto rent a more costly unit. As notedlater in this chapter, this choice ofwhether the Section 8 householdwants to spend more than 30 percentof their monthly income towardhousing costs is not actually madeuntil the household selects a unitduring the housing search process.

The minimum and maximum totaltenant payment should always becalculated by the PHA and provided to

the Section 8 household at thetime that the voucher is firstissued at the Section 8briefing session. (Chapter 6provides further information

about Section 8 briefingsessions.) It is important for the

Section 8 household to understand thisflexibility within the Section 8 programbefore before before before before the household begins thehousing search process. Thisinformation, along with the PHA’sSection 8 payment standard andmaximum Section 8 subsidy amount(discussed later in this chapter),is needed for the Section 8 house-hold to know which units availablefor rent in the community can beapproved within the financial limitsof the Section 8 program.

PHA Payment StandardsPHA Payment StandardsPHA Payment StandardsPHA Payment StandardsPHA Payment Standards

UUUUUnder the Section 8 rules, thePHA establishes Section 8

“payment standards”2 for itsSection 8 program that arebased on the number ofbedrooms in the unit to berented. Thus, each PHA has a

zero-bedroom (or studio)

payment standard, a one-bedroompayment standard, a two-bedroompayment standard, etc.

These payment standards are usedto calculate the maximum amount ofthe Section 8 rent subsidy the PHAwill pay for units rented through theprogram. If the PHA increases itspayment standard, the amount of therent subsidy automatically goes up, andvisa versa.

PHAs have some flexibility toestablish their Section 8 paymentstandards. The payment standards arebased on HUD’s Fair Market Rents(FMRs). Each year in October, HUDpublishes new FMRs for every housingmarket area in the United States.3

FMRs are also based on the number ofbedrooms in the rental unit (e.g., one-bedroom FMR, two-bedroom FMR, etc.)and are intended to reflect modestlypriced rental housing costs in thathousing market area.

A PHA has the discretion to set itsSection 8 payment standard at anamount between 90 and 110percent of the FMR for thatarea. Table 5-3 illustrates howthe payment standard can

change depending on the PHA’s

••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••Table 5-3Table 5-3Table 5-3Table 5-3Table 5-3

Payment Standard OptionsPayment Standard OptionsPayment Standard OptionsPayment Standard OptionsPayment Standard Options

90-110% of 1-Bedroom FMRs in Six HousingMarket Areas in 2002

HOUSING MARKETHOUSING MARKETHOUSING MARKETHOUSING MARKETHOUSING MARKET 90% FMR90% FMR90% FMR90% FMR90% FMR 100% FMR100% FMR100% FMR100% FMR100% FMR 110% FMR110% FMR110% FMR110% FMR110% FMR

Austin, TX $ 600 $ 667 $734

Boston, MA $ 899 $ 999 $1,099

Chicago, IL $ 672 $ 747 $822

Monroe, LA $ 320 $ 355 $391

Roanoke, VA $ 347 $ 385 $424

Santa Fe, NM $ 565 $ 628 $691

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

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decision to use 90 percent, 100percent, or 110 percent of the FMR forits one-bedroom payment standard.Six localities are used in Table 5-3to illustrate this flexibility.

By giving PHAs the flexibilityto establish their own Section 8payment standards, the federalgovernment is permitting PHAs torespond more directly to local housingmarket conditions. Simply stated, byusing a higher payment standard (e.g.,110 percent of FMR), a PHA is providinga Section 8 household with a largerrent subsidy which, in turn, allows thehousehold more options when searchingfor units available in the communitywithin the Section 8 cost limits.

PHA Rent Subsidy AmountPHA Rent Subsidy AmountPHA Rent Subsidy AmountPHA Rent Subsidy AmountPHA Rent Subsidy Amount

OOOOOnce the minimum tenant contribu-tion and the PHA’s Section 8 pay-

ment standards are known, the maximumamount of the Section 8 rent sub-

sidy can be calculated. Themaximum PHA rent subsidy is thehighest amount of Section 8 rentsubsidy that the PHA is author-

ized by HUD to pay to the owner.The maximum Section 8 rent

subsidy is calculated by subtracting theminimum total tenant payment from thePHA payment standard. This rule isillustrated in Table 5-4 below.

However, the maximum PHA rentsubsidy is not necessarily the actual

rent subsidy that the PHA willpay on behalf of a specifichousehold. The actual PHArent subsidy will be based onthe cost of the unit selected

by the Section 8 household andcan be less than the maximum subsidy.

The PHA ends up paying themaximum rent subsidy only only only only only if theSection 8 household selects a unitwith housing costs that are equal tothe applicable Section 8 paymentstandard. If the cost for the unit isless than the payment standard,then the PHA rent subsidy will beless. If the cost of the unit is morethan the payment standard, it meansthat the Section 8 household mustpay more than 30 percent of itsincome as its total tenant payment.

This rule is illustrated by theexamples in Tables 5-5 and 5-6. Inboth of these examples, the Section 8one-bedroom payment standard is $450and the household’s minimum totaltenant payment is $150. Therefore, themaximum PHA rent subsidy is $300.The cost of the actual unit selected bythe household varies in each table.

In Table 5-5 below, the cost of theactual unit selected is $450, which isthe same as the PHA’s one-bedroompayment standard. The PHA will

Determining The Total Tenant Payment And The Section 8 Rent Subsidy

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••Table 5-5Table 5-5Table 5-5Table 5-5Table 5-5

Cost of Unit Equal toCost of Unit Equal toCost of Unit Equal toCost of Unit Equal toCost of Unit Equal toPHA Payment StandardPHA Payment StandardPHA Payment StandardPHA Payment StandardPHA Payment StandardPHA 1-Bedroom Payment

Standard = $450

Actual cost of theunit selected $ 450

Minimum total tenantpayment @ 30 percent - $ 150

Actual PHA rent subsidyActual PHA rent subsidyActual PHA rent subsidyActual PHA rent subsidyActual PHA rent subsidy ===== $$$$$300300300300300

••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••Table 5-4Table 5-4Table 5-4Table 5-4Table 5-4

Maximum Rent SubsidyMaximum Rent SubsidyMaximum Rent SubsidyMaximum Rent SubsidyMaximum Rent Subsidy

PHA 1-bedroompayment standard $ 450

Minimum TotalTenant Payment - $ 150

Maximum PHAMaximum PHAMaximum PHAMaximum PHAMaximum PHARent SubsidyRent SubsidyRent SubsidyRent SubsidyRent Subsidy ===== $$$$$300300300300300

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

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38 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

therefore pay the maximum PHA rentsubsidy of $300 and the household willpay the minimum total tenant paymentof $150.

Table 5-6 illustrates what happensif the Section 8 household selects a unitthat costs $425, which is $25 less thanthe PHA one-bedroom payment standard.

In Table 5-6, the PHA rent subsidydecreases by $25 to $275 because thecost of the unit is $25 less than thePHA payment standard. The minimumtotal tenant payment of $150 does notchange, even though the rent for theunit is less.

Paying More Than thePaying More Than thePaying More Than thePaying More Than thePaying More Than theMinimum Total TenantMinimum Total TenantMinimum Total TenantMinimum Total TenantMinimum Total TenantPaymentPaymentPaymentPaymentPayment

IIIIIf the unit selected by the Section 8household costs more than the

applicable PHA payment standard, thenthe household will be required to paymore of their income toward housingcosts (i.e., more than the minimum totaltenant payment). However, thehousehold may not pay more than 40percent of income (i.e., maximum totaltenant payment) when they first movein to a unit. This situation is illustratedin Table 5-7 using the same basic

income and payment standard informationused in Tables 5-5 and 5-6, except thecost of the unit is now $475 — $25higher than the payment standard.

In Table 5-7, the maximum PHArent subsidy permitted is still $300 andthe minimum total tenant payment isstill $150 for a total of $450. How-ever, the cost for the unit is $475.

In order to rent this unit, thehousehold will be required to pay theadditional $25 because the Section 8rent subsidy cannot be increased.Therefore, the total tenant paymentgoes up to $175. Because of theSection 8 program’s flexibility, thehousehold will be permitted to pay the

Chapter 5

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••Table 5-6Table 5-6Table 5-6Table 5-6Table 5-6

Cost of Unit Less Than the PHACost of Unit Less Than the PHACost of Unit Less Than the PHACost of Unit Less Than the PHACost of Unit Less Than the PHAPayment StandardPayment StandardPayment StandardPayment StandardPayment Standard

PHA 1-Bedroom PaymentStandard = $450

Actual cost of theunit selected $425

Minimum total tenantpayment @ 30 percent - $150

Actual PHA rent subsidyActual PHA rent subsidyActual PHA rent subsidyActual PHA rent subsidyActual PHA rent subsidy ===== $$$$$275275275275275

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••Table 5-7Table 5-7Table 5-7Table 5-7Table 5-7

Cost of Unit More Than the PHACost of Unit More Than the PHACost of Unit More Than the PHACost of Unit More Than the PHACost of Unit More Than the PHAPayment StandardPayment StandardPayment StandardPayment StandardPayment Standard

PHA one-bedroompayment standard $450

Minimum total tenantpayment @ 30 percent $150

Maximum total tenantpayment @ 40 percent $200

Maximum PHArent subsidy $300

($450 - $150)

Actual cost of the unit $475

Maximum PHA rentsubsidy + minimumtotal tenant payment $450 ($300 + $150)

Shortfall in orderto rent unit $25

($475-$450)

Actual total tenantpayment needed $175

($150 + $25)

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

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Technical Assistance Collaborative, Inc. 39

additional $25, as long as the totaltenant payment by the household doesnot go above 40 percent of income (i.e.,the maximum total tenant payment),which, in this example, is $200.

Using This InformationUsing This InformationUsing This InformationUsing This InformationUsing This Informationto Select Housingto Select Housingto Select Housingto Select Housingto Select Housing

TTTTThe previous tables illustrate justhow complicated it is to select

housing within the Section 8 rules.The minimum and maximum tenantcontribution and the maximum PHA rentsubsidy are all used to help Section 8households select housing that can beapproved within the Section 8 costguidelines. Because these guidelinesdepend on a flexible PHA paymentstandard, and a flexible total tenantpayment, it is important that the Section8 household know how to work within thisframework to find appropriate housing.

Despite this complexity, two basicrules apply when selecting housing inthe Section 8 program.

1.1.1.1.1. For tenants willing topay up to 40 percentof monthly incometoward housing costs,the maximum monthlyhousing cost cannotexceed the total of the maximumtotal tenant payment and the maxi-mum PHA rent subsidy.

2.2.2.2.2. For tenants willing to pay no morethan 30 percent of monthly incometoward housing costs, the householdshould look for housing with “totalhousing costs” that do not exceedthe PHA payment standard.

Utility AllowancesUtility AllowancesUtility AllowancesUtility AllowancesUtility Allowances

WWWWWithin the Section 8 program,“total housing costs” are defined

as the actual rent charged by the owner

for the unit plus plus plus plus plus the cost of any tenant-paid utilities. In some rental housing

situations, all of the utilitiesare included in the monthlyrent charged by the owner,while in others, the tenantmust pay out-of-pocket for

some, or all, of the utilities.[NOTE: For simplification purposes, inTables 5-5 through 5-7, the cost ofthe unit included all utilities.]

PHA Utility Allowances can be verycomplicated because they mustconsider all possible types andcombinations of tenant-paidutilities that might come up whenleasing units and all possible typesof housing units.

In order to factor the cost oftenant-paid utilities into total monthlyhousing costs, the Section 8 programuses the concept of a PHA UtilityAllowance. The Utility Allowance helpsthe PHA estimate the total monthlyhousing cost of a unit by factoring inthe average cost of any tenant-paidutilities (the “allowance”) and addingthis allowance to the rent charged bythe owner.4

The Utility Allowance is not not not not not paid tothe tenant. Instead, it is used to reducereducereducereducereducethe actual amount of the tenant’s shareof the rent paid to the owner.

PHA Utility Allowances can be verycomplicated because they must considerall possible types and combinations oftenant-paid utilities that might comeup when leasing units (e.g., gas heat,electric heat, oil heat, gas hot water,electric hot water, etc.) and all possibletypes of housing units (e.g., apartments,single family homes, duplexes, etc.)The PHA must establish and maintain aUtility Allowance schedule for all tenant-paid utilities (except telephone).

An example of a PHA UtilityAllowance for a one-bedroom duplexunit with electric heat and hot water,

Determining The Total Tenant Payment And The Section 8 Rent Subsidy

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40 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

owner. The money left over istheoretically then available for thetenant to pay for utilities. Table 5-10 illustrates this Section 8 rule.

••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••Table 5-9Table 5-9Table 5-9Table 5-9Table 5-9

Example of a PHA Utility AllowanceExample of a PHA Utility AllowanceExample of a PHA Utility AllowanceExample of a PHA Utility AllowanceExample of a PHA Utility Allowance

Type of Tenant- Type of Tenant- Type of Tenant- Type of Tenant- Type of Tenant- 1-Bedroom1-Bedroom1-Bedroom1-Bedroom1-BedroomPaid UtilityPaid UtilityPaid UtilityPaid UtilityPaid Utility Duplex Utility AllowanceDuplex Utility AllowanceDuplex Utility AllowanceDuplex Utility AllowanceDuplex Utility Allowance

Oil heat Not applicable

Gas heat Not applicable

Electric heat $40

Electricity for lights $20

Gas hot water Not applicable

Domestic hot water (oil) Not applicable

Electric hot water $20

Total Utility AllowanceTotal Utility AllowanceTotal Utility AllowanceTotal Utility AllowanceTotal Utility Allowance $80$80$80$80$80

••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••Table 5-11Table 5-11Table 5-11Table 5-11Table 5-11

Utility Allowance and Gross RentUtility Allowance and Gross RentUtility Allowance and Gross RentUtility Allowance and Gross RentUtility Allowance and Gross Rent

Actual rent chargedby owner $ 350

Utility allowance + $80

Total monthly housingTotal monthly housingTotal monthly housingTotal monthly housingTotal monthly housingcost (Gross Rent)cost (Gross Rent)cost (Gross Rent)cost (Gross Rent)cost (Gross Rent) ===== $$$$$430430430430430

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••Table 5-10Table 5-10Table 5-10Table 5-10Table 5-10

Utility Allowance CalculationUtility Allowance CalculationUtility Allowance CalculationUtility Allowance CalculationUtility Allowance Calculation

Total tenant payment $150

Allowance for tenant-paid utilities - $80

Tenant share of rentTenant share of rentTenant share of rentTenant share of rentTenant share of rentpaid to ownerpaid to ownerpaid to ownerpaid to ownerpaid to owner ===== $$$$$7070707070

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

and electric lighting paid by the tenantis provided in Table 5-9.

In this example, the allowance fortenant-paid utilities is $80 per month.The Utility Allowance is intended byHUD to reflect average average average average average monthly utilityusage amounts based on year-roundusage. It is not intended to beaccurate for each month of the year.

How to Use the UtilityHow to Use the UtilityHow to Use the UtilityHow to Use the UtilityHow to Use the UtilityAllowanceAllowanceAllowanceAllowanceAllowance

TTTTThis Utility Allowance is used fortwo purposes:

1.1.1.1.1. The PHA subtracts the UtilityAllowance from the total tenantpayment to reduce the amount ofrent the tenant will pay to the

2.2.2.2.2. The PHA adds the Utility Allowanceto the monthly rent charged by theowner to determine the totalmonthly housing cost of the unit —known in the Section 8 program asthe “gross rent.” Table 5-11illustrates this scenario.

This unit’s total cost is $430, whichis $20 less than the $450 paymentstandard used in the examples in thischapter. The household would pay $70 tothe owner and have $80 left from theirminimum total tenant payment of $150for tenant-paid utilities.

People with disabilities can request ahigher Utility Allowance, if needed,as a reasonable accommodation.For example, a person with physicaldisabilities may require a higher

Utility Allowance to compensate for

the amount of electricity used byneeded medical equipment. However,a higher Utility Allowance cannot beapproved simply to permit the house-hold to rent a unit that would other-wise exceed Section 8 guidelines.

Chapter 5

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Technical Assistance Collaborative, Inc. 41

Maximum InitialMaximum InitialMaximum InitialMaximum InitialMaximum InitialRent BurdenRent BurdenRent BurdenRent BurdenRent Burden

TTTTThe 40 percent maximum totaltenant payment rule is designed

to ensure that the amount paid bythe household toward housing costsis affordable to that household. Inthe Section 8 program, this 40percent maximum is also referredto as the Maximum Initial RentBurden and is applicable in twospecific situations:

• When the Section 8 house-hold first enters the programand leases a unit; and

• Anytime a Section 8 house-hold moves to a new unit.

Thus, a Section 8 household maynot not not not not select a new new new new new unit at any timeduring their program participationthat will require the household topay more than 40 percent of theirincome toward housing costs.

The 40 percent rule does notThe 40 percent rule does notThe 40 percent rule does notThe 40 percent rule does notThe 40 percent rule does notapply in the case of a Section 8apply in the case of a Section 8apply in the case of a Section 8apply in the case of a Section 8apply in the case of a Section 8

household already leasing ahousehold already leasing ahousehold already leasing ahousehold already leasing ahousehold already leasing aunit through the Section 8unit through the Section 8unit through the Section 8unit through the Section 8unit through the Section 8program, where the owner,program, where the owner,program, where the owner,program, where the owner,program, where the owner,in accordance with thein accordance with thein accordance with thein accordance with thein accordance with thelease, subsequently decideslease, subsequently decideslease, subsequently decideslease, subsequently decideslease, subsequently decidesto increase the rent.to increase the rent.to increase the rent.to increase the rent.to increase the rent.

If this increase results inthe household paying more than 40percent as their tenant contribution,the PHA can approve the increaseand permit the family to pay morethan 40 percent, provided thenew rent charged by the owneris reasonable.

“Exception” Payment“Exception” Payment“Exception” Payment“Exception” Payment“Exception” PaymentStandardsStandardsStandardsStandardsStandards

UUUUUnder certain circumstances, PHAscan use “exception” or higher

payment standards — meaning higherthan their existing payment standard —for the Section 8 program. There arethree methods for setting thisexception payment standard:

1.1.1.1.1. PHAs in areas with high cost rentalhousing markets may request anexception payment standard fromHUD. This allows the PHA to setthe Section 8 payment standardabove 110 percent of the FMR fora particular geographic region.

2.2.2.2.2. New regulations allow HUD tocalculate Fair Market Rents from adifferent “baseline” — meaningusing housing costs that representthe 50th percentile for rentsrather than the 40th percentilethat is commonly used. However, thehigher FMRs may not necessarilyincrease rents above the amountsthat can be approved under #1 above.

3.3.3.3.3. Exception payment standards can beprovided on a case-by-case basis asa reasonable accommodation for aperson with a disability. This typeof exception is discussed further inChapter 6.

Because of the under-utilization ofSection 8 vouchers during the past fewyears, some PHAs, as well as HUD, have

been more willing to approveexception payment standardsthan they were a few yearsago. It is important for thedisability community to keep

track of Section 8 voucherutilization data from local PHAs and

advocate for exception Section 8 pay-ment standards when higher housing costsmake it difficult for Section 8 house-holds to use their vouchers successfully.

Determining The Total Tenant Payment And The Section 8 Rent Subsidy

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42 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Voucher SizeVoucher SizeVoucher SizeVoucher SizeVoucher Size

TTTTThe amount of Section 8 subsidya household receives depends not

only on the payment standard, but alsoon the household size and composition.These characteristics dictate thevoucher “size” (e.g., one-bedroom, two-bedroom, etc.) appropriate for thehousehold. For example, a marriedcouple with one child would most likelyqualify for a two-bedroom voucherwhile a single person typically qualifiesfor a studio or one-bedroom voucher.

In addition to these general rules,there are some instances when a largersize voucher might be necessary for aperson with a disability. For example, a

person with a physical disabilitymight need an extra bedroom tostore large pieces of medicalequipment that they use on aregular or interim basis. A

person with mental retardationmight have support service staff

who spend the night and will requirea bedroom for sleeping. In specialsituations such as these, the PHAcan provide a larger voucher size asa reasonable accommodation.

Live-In AideLive-In AideLive-In AideLive-In AideLive-In Aide

AAAAASection 8 household mayalso include a live-in aide who

actually resides in the unit. A live-inaide is defined by HUD as a person whoresides with an elderly, disabled, orhandicapped person or persons, and who:

1.1.1.1.1. Is determined to be essential to thecare and well-being of the person(s);

2.2.2.2.2. Is not obligated for the support ofthe person(s); and

3.3.3.3.3. Would not be living in the unitexcept to provide the necessarysupportive services.

Chapter 5

Each member of the household witha disability is allowed to have a live-inaide included as part of the household.As mentioned in the earlier example,when requested as a reasonableaccommodation, PHAs can allowovernight on-site support staff toqualify as a live-in aide. However, anovernight support staff person differsfrom a live-in aide because the live-inaide actually uses the Section 8 unit astheir permanent residence, while an over-night support staff person does not.

Examples of HouseholdExamples of HouseholdExamples of HouseholdExamples of HouseholdExamples of HouseholdCompositions andCompositions andCompositions andCompositions andCompositions andVoucher SizesVoucher SizesVoucher SizesVoucher SizesVoucher Sizes

SSSSSome examples of common house-hold compositions and the

corresponding voucher sizes include:

• One-Bedroom Voucher:■ A single adult with a disability;■ Two adults; or■ A single adult with a minor

dependent child.

• Two-Bedroom Voucher:■ An adult with a disability with

a live-in aide;■ Two unrelated people with

disabilities; or■ A head of household (with or

without spouse) with eitherone or two dependents.

• Three-Bedroom Voucher:■ Three unrelated people with

disabilities;■ Two unrelated people with

disabilities and a live-in aide; or■ A head of household (with or

without spouse) with either twoor three dependents.

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Technical Assistance Collaborative, Inc. 43

• Four-Bedroom Voucher:■ Two unrelated people with

disabilities and two live-in aides;■ Three unrelated people with

disabilities and one live-in aide;■ Four unrelated people with

disabilities; or■ A head of household (with or

without spouse) with either fouror five dependents.

the household’s income — including anyassets — and calculates an annual andmonthly “adjusted” income for thehousehold. The word “adjusted” refersto allowances and deductions permittedby HUD that are subtracted from grossincome. It does not mean “take homepay” for people who are employed.

The allowances and deductionsthat make up “adjustments” to grossincome include:

1.1.1.1.1. $480 per year allowance for each$480 per year allowance for each$480 per year allowance for each$480 per year allowance for each$480 per year allowance for eachdependent —dependent —dependent —dependent —dependent — A dependent isdefined as a household memberother than the household heador spouse who is:

• 17 years of age or younger;

• A full-time student; or

• A person with a disability.

Neither the head of the householdnor the spouse can ever beconsidered a dependent.

2.2.2.2.2. $400 per year allowance for a$400 per year allowance for a$400 per year allowance for a$400 per year allowance for a$400 per year allowance for adisabled or elderly household —disabled or elderly household —disabled or elderly household —disabled or elderly household —disabled or elderly household —This allowance is limited to $400per household, and not $400 foreach disabled member of thehousehold.

3.3.3.3.3. Childcare allowance —Childcare allowance —Childcare allowance —Childcare allowance —Childcare allowance — Thisallowance is for work-relatedchildcare expenses and cannotexceed the amount earned by theperson who goes to work.

4.4.4.4.4. Disability aDisability aDisability aDisability aDisability assistance ssistance ssistance ssistance ssistance aaaaallowance —llowance —llowance —llowance —llowance —This adjustment is only forequipment and expenses (e.g.,wheelchairs, attendant to care forperson with disability so anotherhousehold member can work, etc.)that permits someone to work.These expenses cannot be deductedunless someone in the household —either the person with thedisability or someone who wouldotherwise provide care for thatperson — is enabled to work as aresult of the expense. In addition,

A Section 8 household can chooseto rent a larger or smaller unit than thesize of the voucher issued. If the unitis larger, the payment standard andsubsidy amount will still be based onthe voucher size issued. If the unitis smaller, the subsidy will be reducedaccordingly. In all instances, the house-hold may not spend over 40 percent ofits adjusted income toward housingcosts when it first moves in, and therent for the unit must be reasonablein comparison to other similar units inthe community.

Calculating MonthlyCalculating MonthlyCalculating MonthlyCalculating MonthlyCalculating MonthlyAdjusted Income andAdjusted Income andAdjusted Income andAdjusted Income andAdjusted Income andTotal Tenant PaymentTotal Tenant PaymentTotal Tenant PaymentTotal Tenant PaymentTotal Tenant Payment

TTTTThe PHA is responsible forexamining a Section 8 household’s

income and determining the totaltenant payment for each household.To determine how much the householdpays toward housing costs (i.e., rentand tenant-paid utilities) the PHAconducts a thorough examination of

Determining The Total Tenant Payment And The Section 8 Rent Subsidy

A Section 8 household mayalso include a live-in aide whoactually resides in the unit.Each member of the household

with a disability is allowed tohave a live-in aide included as

part of the household.

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44 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

only those expenses that exceedthree percent of income can bededucted.

5.5.5.5.5. Medical expenses — Medical expenses — Medical expenses — Medical expenses — Medical expenses — Anticipatedmedical expenses that, in combina-tion with any disability allowancegranted in #4 above, exceed threepercent of income, can be deducted.

program because an increase in incomeusually means an increase in thehousehold’s total tenant payment.Disregarding this increase for a periodof time gives a person with a disabilitya greater incentive to earn income fromemployment without having to pay anincrease in rent.

The disregard is available for thefirst two years of employment. Duringa cumulative period of 12 months aftergoing to work, all earned income fromemployment is disregarded for thepurposes of calculating annual incomeand the total tenant payment. Duringthe second cumulative 12-month period,only 50 percent of earned income iscounted as annual income.

To qualify for this Section 8benefit, an adult member of thehousehold must:

• Be a person with a disability; and

• Be previously unemployed for one ormore years prior to employment.

In addition to income from regularemployment, income from any economicself-sufficiency or other job trainingprogram qualifies to be disregarded.

Chapter 5

There are many restrictions tothe disability assistance andmedical expense deductions. Asa result, some people with disa-bilities may not receive thebenefit of these allowances.

Work Incentives andWork Incentives andWork Incentives andWork Incentives andWork Incentives andEarned Income DisregardEarned Income DisregardEarned Income DisregardEarned Income DisregardEarned Income Disregard

HHHHHUD’s Earned Income Disregard isa work incentive for people withdisabilities. This Section 8 ruleallows PHAs to “disregard” theincreased income obtained by anindividual with a disability whogoes to work. This disregard is

important in the Section 8

Chapter 5 SummaryChapter 5 SummaryChapter 5 SummaryChapter 5 SummaryChapter 5 Summary• In the Section 8 program, both the Section 8 household and the PHA pay

a portion of monthly housing costs (including rent to the owner as well asany tenant-paid utilities).

• The household’s share of the rent is called the “total tenant payment” andis based on the household’s income. Under the new Section 8 voucher pro-gram, there is both a minimum and maximum total tenant payment. For theminimum tenant payment, most Section 8 households contribute 30 percentof monthly adjusted household income toward housing costs. The maximumtotal tenant payment is set at 40 percent of monthly adjusted income.

• This 40 percent maximum is referred to as the Maximum Initial RentBurden and is applicable in two specific situations: 1) when the Section 8household first enters the program and leases a unit; and 2) any time aSection 8 household moves to a new unit.

• Under the Section 8 rules, the PHA establishes Section 8 “payment stan-dards” that are based on the number of bedrooms in the unit to be rented.

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Chapter 5 Summary... continuedChapter 5 Summary... continuedChapter 5 Summary... continuedChapter 5 Summary... continuedChapter 5 Summary... continued

These payment standards are used to calculate the maximum amount ofthe rent subsidy the PHA will pay for units rented through the Section 8program. A PHA has the discretion to set Section 8 payment standardsbetween 90 and 110 percent of the FMR for that area.

• The maximum PHA rent subsidy is the highest amount of Section 8 rentsubsidy that the PHA is authorized by HUD to pay to the owner. Themaximum Section 8 rent subsidy is calculated by subtracting the minimumtotal tenant payment from the PHA payment standard. However, theactual PHA rent subsidy paid will be based on the cost of the unit selectedby the Section 8 household.

• If the unit selected by the Section 8 household costs more than theapplicable PHA payment standard, then the household will be required topay more of their income toward housing costs.

• In order to factor in the cost of tenant-paid utilities into total monthlyhousing costs, the Section 8 program uses the concept of a PHA Section 8Utility Allowance. The Utility Allowance helps the PHA estimate the totalmonthly housing cost of a unit by factoring in the average cost of any tenant-paid utilities and adding that allowance to the rent charged by the owner.

• Under certain circumstances, PHAs can use “exception” or higher paymentstandards — meaning higher than their existing payment standard — forthe Section 8 program.

• The amount of rental assistance a PHA gives a household also depends onthe household size and composition. These characteristics dictate thevoucher “size” (i.e., one-bedroom, two-bedroom, etc.) appropriate for thehousehold.

• A Section 8 household may also include a live-in aide who actually resides inthe unit.

• To determine how much the household pays toward housing costs, the PHAconducts a thorough examination of the household’s income — including anyassets — and calculates an annual “adjusted” income for the household.

• The Section 8 Earned Income Disregard rule is a work incentive for peoplewith disabilities. This rule allows PHAs to “disregard” the increased incomeobtained by an individual with a disability who goes to work.

1 In some instances, the tenant contribution is based on 10 percent of gross income or the PHAminimum rent.

2 In the past, as part of the Section 8 certificate program, the amount of rental subsidy was basedsolely on the difference between the Fair Market Rent and the total housing costs.

3 Current HUD FMRs can be found at www.huduser.org/datasets/fmr.html4 Utilities paid by the owner are never considered when calculating Section 8 Utility Allowance.

Determining The Total Tenant Payment And The Section 8 Rent Subsidy

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46 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

GGGGGetting a voucher and searching forhousing that meets Section 8

guidelines is a very important step inthe Section 8 process. Many house-holds have a difficult time locatingsuitable housing within PHA guidelines.Some have the unfortunate experienceof having their voucher “expire” with-out finding a unit that can be approv-ed by the PHA. Some barriers tothe housing search process include:

• Finding an owner willing to accept aSection 8 voucher.

• Finding a unit of good quality thatpasses a Section 8 housing qualitystandards inspection.

• Finding a unit with rent (plus anytenant-paid utilities) consistentwith the PHA’s guidelines describedin Chapter 5.

Because of these barriers, somePHAs are not able to use all theirvouchers. New “use it or lose it” HUD

rules issued in 2001 allow HUD torecapture unused vouchers andredistribute them to PHAs withhigher voucher “utilization”rates. This new rule may

jeopardize thousands ofvouchers for people with disa-

bilities. Now more than ever, it isimportant that people with disabilitiesreceive the support they need to usetheir Section 8 vouchers successfully.

Section 8 BriefingSection 8 BriefingSection 8 BriefingSection 8 BriefingSection 8 Briefing

AAAAAnother challenging aspect ofthe Section 8 process is the

Section 8 briefing session. After ahousehold has reached the top

of the waiting list, a Section 8briefing is scheduled. At thebriefing, the voucher is“issued” to the household and

the rules and procedures aboutleasing units and participating in

the Section 8 program are explained.Briefing sessions are often conduct-

ed as group sessions with 25 or morehouseholds all receiving their vouchersat the same time. Needless to say,these sessions can be very confusing.

According to HUD rules, topics thatmust be covered during a Section 8briefing include:

• A description of the program;

• Discrimination and fair housingissues;

• Household responsibilities;

• The PHA’s payment standard andUtility Allowance policies; and

• Searching for housing that meetsthe Section 8 rules.

In some communities, PHAs providevery comprehensive briefing sessions.Unfortunately, there are also some

Chapter 6Chapter 6Chapter 6Chapter 6Chapter 6

Getting A Section 8 Voucher AndGetting A Section 8 Voucher AndGetting A Section 8 Voucher AndGetting A Section 8 Voucher AndGetting A Section 8 Voucher AndObtaining HousingObtaining HousingObtaining HousingObtaining HousingObtaining Housing

Chapter 6

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Getting A Section 8 Voucher And Obtaining Housing

PHAs that view the briefing session asone more bureaucratic requirement.In the best of cases, the briefingsession is another complicatedgovernment process that a house-hold must navigate through.

People with disabilities can askto have a friend, family member,

advocate, or service provideraccompany them to the briefing.Ideally, the person who attendsthe briefing session also helpswith the housing searchprocess. Allowing for this

additional support at the briefingis an example of a reasonableaccommodation that a PHA can makefor a person with a disability.

It is important not to miss theSection 8 briefing since some PHAshave rigid policies regarding missedappointments. For example, a PHA mayonly allow an applicant to miss onebriefing session before returning theapplication to the bottom of thewaiting list — or worse — discardingthe application all together. It isimportant for people with disabilitiesand their advocates to plan ahead andto notify the PHA promptly if a briefingsession needs to be rescheduled.

The Housing SearchThe Housing SearchThe Housing SearchThe Housing SearchThe Housing SearchProcessProcessProcessProcessProcess

OOOOOnce the voucher is issued, thehousehold must find suitable

rental housing in the community.A PHA must give the householdat least 60 days to find a unitthat meets the Section 8

program guidelines. HUD rules do not not not not not mandate a

maximum search time. Rather, PHAshave the flexibility to decide what theSection 8 housing search time shouldbe. Most PHAs establish a policy thatallows a search time of between 60 and120 days.

Many PHAs grant housing searchtimes that are longer than 60 days,

especially in those housingmarkets where it is especiallyhard to locate affordablerental housing that meetsSection 8 requirements. If

a unit is not found during theestablished housing search time period,a PHA can grant an extension.

A person with a disability canrequest an extension to the housingsearch time (even beyond 120 days) asa reasonable accommodation. This ex-

tension will allow the householdto keep looking for a unit.

Eventually, if a unit is notfound, the household’svoucher will expire and

subsequently be issuedto another household from

the waiting list.

Barriers to Finding a UnitBarriers to Finding a UnitBarriers to Finding a UnitBarriers to Finding a UnitBarriers to Finding a Unit

SSSSSearching for housing with aSection 8 voucher is not an easy

task. In some communities, there isvery little rental housing available, orthere may be very few vacant unitsthat meet Section 8 requirements.Unfortunately, in most states, ownersof rental housing are not required toaccept Section 8 vouchers.

For some people, a poor housinghistory or credit problems may alsopose a significant barrier, even if theowner has no objections to the Section8 voucher program. Households thatare able to locate an acceptable unitand a willing owner still must come upwith the funds to cover the securityand utility deposits (if required);moving expenses; etc. These problemsmay also prevent a household fromusing their voucher successfully. SomePHAs try to help with the housingsearch process by providing lists of

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48 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

interested owners, a resource roomwith phones and vacancy listings, etc.However, the majority of PHAs do notprovide intensive assistance withhousing search.

Exception PaymentException PaymentException PaymentException PaymentException PaymentStandards for PeopleStandards for PeopleStandards for PeopleStandards for PeopleStandards for Peoplewith Disabilitieswith Disabilitieswith Disabilitieswith Disabilitieswith Disabilities

OOOOOn a case-by-case basis,n a case-by-case basis,n a case-by-case basis,n a case-by-case basis,n a case-by-case basis,a PHA, or HUD, may approvea PHA, or HUD, may approvea PHA, or HUD, may approvea PHA, or HUD, may approvea PHA, or HUD, may approve

a higher payment standard for aa higher payment standard for aa higher payment standard for aa higher payment standard for aa higher payment standard for aperson with a disability as aperson with a disability as aperson with a disability as aperson with a disability as aperson with a disability as areasonable accommodation.reasonable accommodation.reasonable accommodation.reasonable accommodation.reasonable accommodation. A higherpayment standard may be needed bya person with a disability in order tolocate suitable housing, includingbarrier-free or accessible housing;housing that is close to public trans-portation or supportive services; orfor other important reasons.

approve a payment standard of 110percent of the FMR on a case-by-casebasis for a person with a disability.That same PHA may submit a requestto HUD to approve a payment standardabove 110 percentabove 110 percentabove 110 percentabove 110 percentabove 110 percent, if needed, as areasonable accommodation for a personwith a disability. In some instances,HUD has approved a payment standardhigher than 120 percent of the FMR asa reasonable accommodation for aperson with a disability.

Some PHAs aren’t aware that theycan ask HUD for an exception paymentstandard as a reasonable accommodationfor a person with a disability. Othersmay want to avoid the necessarypaperwork. However, it is clear thatthe payment standard has a directimpact on a Section 8 household’sability to locate safe, decent, andaffordable housing of its choice in thecommunity and that these exceptionsare important to people with disabilitiestrying to use the Section 8 program.

By working with the PHA toencourage higher payment standardsfor people with disabilities, the disabilitycommunity will help Section 8 householdslocate housing that meets their uniqueneeds. For example, often units thatare barrier-free or otherwise handi-capped accessible have higher rentsthan other units, and may not beavailable to people with disabilitiesusing Section 8 vouchers unless thepayment standard is increased.

Chapter 6

A PHA may approve an exceptionpayment standard for a person witha disability up to 110 percent of theFMR without without without without without obtaining HUD approval.Requests for exception paymentstandards above 110 percent mustbe submitted by the PHA to HUD,unless the PHA already has HUDapproval for an exception paymentstandard for the entire geographicarea, as mentioned in Chapter 5.

For example, a PHA with a paymentstandard for their Section 8 programequal to 100 percent of the FMR may

Some PHAs aren’t aware thatthey can ask HUD for an excep-tion payment standard as areasonable accommodation fora person with a disability.

As a reasonable accommodation, aPHA may approve a higher rent foran owner who is making acces-siblity modifications to a unit tomeet a Section 8 household’s needs.

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Help From DisabilityHelp From DisabilityHelp From DisabilityHelp From DisabilityHelp From DisabilityOrganizationsOrganizationsOrganizationsOrganizationsOrganizations

MMMMMany service providers andadvocacy organizations in the

disability community have beensuccessful at partnering with PHAsto help people with disabilities useSection 8 vouchers. As part of thesepartnerships, disability organizationsmay provide assistance with thehousing search process, includinglocating apartments, negotiatingrents with owners, and requestingexception rents from the PHA. Someorganizations also provide funds tocover the costs associated withmoving, such as security deposits,first/last month’s rent, realtor fees,moving vans, utility deposits, etc. Thistype of assistance can greatly improvethe likelihood that the household willbe successful in locating appropriatehousing and moving in.

In many communities, there may alsobe non-profit organizations that own oroperate housing. These organizationsmay be “friendly” owners and be willingto accept a Section 8 voucher. Thedisability community should determineif there are any non-profit owners inthe community. The local housing orcommunity development departmentmay be a good resource for this typeof information.

Accessible HousingAccessible HousingAccessible HousingAccessible HousingAccessible Housing

PPPPPeople with physical disabilities mayhave a particularly difficult time

locating accessible housing that is bothavailable and affordable within theSection 8 payment standard guidelines.HUD rules require that PHAs be ableto provide assistance locating accessi-ble units. However, in practice this

“assistance” is often just a listing ofa handful of accessible units in thecommunity — which may not be vacant.Agencies that provide services topeople with physical disabilities — suchas local Independent Living Centers1 —may be a valuable resource for locatinghousing with accessibility features.

It is important to note that as aresult of federal fair housing laws,more new units of housing that areeasily adaptable to meet the needsof people with disabilities are beingdeveloped each year. These lawsrequire that all newly constructed or

substantially rehabilitated rentalhousing with four or more units firstoccupied on or after March 13, 1991 bedesigned to include:

• At least one building entrance on anaccessible route;

• Public and common use areas thatare readily accessible and useable bypeople with disabilities;

• Doorways into and throughout thebuilding wide enough to allow passageby someone in a wheelchair; and

• Dwelling units with:� Accessible routes into and

through the units;� Light switches, outlets, and

thermostats in accessiblelocations;

Getting A Section 8 Voucher And Obtaining Housing

Assistance from disability organi-zations can greatly improve thelikelihood that the voucher holderwill be successful in locatingappropriate housing and moving in.

For example, agencies that provideservices to people with physical disabilities —such as local Independent Living Centers —may be a valuable resource for locating housingwith accessibility features.

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50 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

� Reinforcement in the bathroomwalls to allow later installationof grab bars; and

� Kitchens and bathrooms inwhich a person with awheelchair can maneuver.

Accessible Housing andAccessible Housing andAccessible Housing andAccessible Housing andAccessible Housing andLow-Income Housing TaxLow-Income Housing TaxLow-Income Housing TaxLow-Income Housing TaxLow-Income Housing TaxCredit PropertiesCredit PropertiesCredit PropertiesCredit PropertiesCredit Properties

IIIIIn communities across the nation,there are thousands of properties

financed with the federal Low-IncomeHousing Tax Credits. As a result ofthis tax credit financing, theseproperties can be a good source ofhousing for people with disabilities —especially people with physicaldisabilities — for two reasons:

1.1.1.1.1. According to federal law, ownersof tax credit properties arerequired to accept Section 8vouchers in their units.Unfortunately, not all ownersare aware of this requirement

and may not understand theirobligation to accept vouchers.

2.2.2.2.2. Tax credit properties are a goodsource of accessible housing. Theseproperties are required to have acertain percentage of their units beaccessible to people with physicaldisabilities.

PHAs should be encouraged to keeptrack of tax credit financed rentalhousing in their jurisdiction, and toconsider granting exception rents forthese units, if necessary, in order to

make them available to house-holds with Section 8 voucherswho need accessible housing.For a list of propertiesfinanced with tax credits,

contact the state agency thatallocates federal tax credits for

rental housing (e.g., state housingfinance agency, state department ofcommunity affairs, etc.)

Some states and localities havedeveloped accessible housing registriesthat track accessible housing units —including those developed with Low-Income Housing Tax Credits — andwhether these units are vacant.These registries have been invaluabletools for helping Section 8 householdslocate accessible housing units and usetheir vouchers. Appendix C includes anexample of an accessible housingregistry developed in Massachusetts.

Leasing in PlaceLeasing in PlaceLeasing in PlaceLeasing in PlaceLeasing in Place

SSSSSome households that receiveSection 8 vouchers are already

living in rental housing that meets theirneeds and may be able to “lease inplace” using the voucher. To lease inplace the following must occur:

• The unit must pass a HousingQuality Standards inspec-tion (see page 53);

• The unit must meetSection 8 paymentstandard requirements;

• The owner must agree toparticipate in the Section 8 programand accept Section 8 payments fromthe PHA; and

• Both parties must sign a newSection 8 lease.

As mentioned above, many non-profit organizations own rental housing.

Some tenants of this housingmay be eligible for the Sec-tion 8 program and may beable to use Section 8 vouch-ers in their current housing

units. This is another reasonto pursue collaborations with non-

profit agencies.

Chapter 6

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Special Housing TypesSpecial Housing TypesSpecial Housing TypesSpecial Housing TypesSpecial Housing Types

PPPPPHAs may allow Section 8 vouchersto be used in certain living situations

referred to by HUD as “special housingtypes.” Some of these special housingtypes include:

• Single Room Occupancy units;

• Group homes;

• Congregate housing; and

• Shared housing.

Many PHAs are not very know-ledgeable about special housing typesand have not established Section 8policies that include these housingsettings. This is unfortunate becausesome individuals with disabilitiescurrently reside in these types ofhousing situations and/or may preferto share housing rather than live alone.

According to HUD rules, PHAs mustmustmustmustmustpermit the use of any specialhousing type, if needed, as areasonable accommodation sothat the Section 8 program isreadily accessible to and use-

able by people with disabilities.PHAs that might consider allowing

vouchers to be used in these specialhousing types may not be familiar withthe intricacies of various shared hous-ing models. For example, in some grouphomes, the cost of food is included inthe “rent” but could not be included forSection 8 purposes. It is importantfor PHAs and disability organizationsto work together to determine thetenant’s share of the rent and calculatethe appropriate subsidy amount.

Single Room Occupancy UnitsSingle Room Occupancy UnitsSingle Room Occupancy UnitsSingle Room Occupancy UnitsSingle Room Occupancy Units

A Single Room Occupancy (SRO) isa unit within a building that mayhave shared kitchen andbathroom facilities. ForSection 8 purposes, SROs areoccupied only by one individual

and are usually found in rooming housesor renovated hotels.

According to the Section 8 specialhousing type rules, a PHA can allow aSection 8 household to use a voucher torent a SRO unit if it is of good qualityand meets Section 8 affordabilitystandards. For SRO housing, PHAs areinstructed to use a payment standardequal to 75 percent of the studio/efficiency payment standard.

In many cities across the nation,there are people with disabilitiescurrently residing in SRO units who are

eligible for the Section 8program. Although not allSRO properties will be ableto meet Section 8 guidelines,PHAs should permit Section 8

vouchers to be used inapprovable SRO housing as a

reasonable accommodation for peoplewith disabilities.

Group HomesGroup HomesGroup HomesGroup HomesGroup Homes

A Section 8 voucher may also beused in a group home. According toHUD, for the purposes of the Section8 program, a group home must be“licensed, certified, or otherwiseapproved by the State, [as a] facilityfor elderly persons or persons withdisabilities.”

According to HUD rules — with theexception of live-in aides — allresidents of the group home (whether

receiving Section 8 assistance ornot) must be elderly or peoplewith disabilities, and must notrequire continual medical ornursing care.2 Also, no more

than 12 people total (including anylive-in aides) may reside in a group home.

PHAs rarely allow Section 8 partici-pants to use vouchers in group homes.This is unfortunate because residentsof group homes may want to live in moreindependent housing and need a Section8 subsidy to achieve this personal goal.Using the Section 8 voucher initially in

Getting A Section 8 Voucher And Obtaining Housing

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52 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

the group home gives a person with adisability as much time as they need tofind a rental unit in the community, aswell as time to deal with other transi-tion issues (e.g., obtaining furniture,arranging for community supportservices if desired, etc.)

One reason why PHAs may bereluctant to use Section 8 vouchersin group homes is that it can bebureaucratically confusing. PHAs areoften unsure whether each person inthe group home must have their ownvoucher or whether one voucher can beused for the entire group home. Bothof these approaches are actuallypermissible according to HUD’s rules.

It is important that the disabilitycommunity work with PHAs to educate

them about the need for housingassistance among group homeresidents. PHAs cannotdiscriminate against peoplewith disabilities by refusing to

allow Section 8 vouchers to beused in group homes. When using thisSection 8 special housing type, boththe PHA and the owner must alsopermit the voucher holder to move tomore independent housing with thevoucher, if they so desire.

Congregate HousingCongregate HousingCongregate HousingCongregate HousingCongregate Housing

Congregate housing is also consi-dered a special housing type under theSection 8 rules. HUD defines “congre-gate housing” as shared housing arrange-ments for people with disabilities and/or elderly people (including any neededlive-in aides). Unlike group homes,there is no requirement that congre-gate housing be licensed or certified inany way. Unlicensed group homes orboard and cares homes are typicalexamples of congregate housing.

Shared HousingShared HousingShared HousingShared HousingShared Housing

In addition to the housing situationsdescribed above, PHAs may also allow

Section 8 participants to haveroommates in their housing —referred to as “shared housing”— including a live-in aide,another person with a Section8 voucher, or a person without

any rental assistance. Forexample, a person with a disability

could receive a voucher and share atwo-bedroom apartment with a room-mate who does not have a voucher. Otherexamples of shared housing include:

• Two people with separate voucherssharing a two bedroom unit.

• Three unrelated people withdisabilities sharing one voucher.

As with the group home situation,the Section 8 paperwork involved with

shared housing can be cumber-some and often acts as abarrier to PHAs establishing ashared housing policy. How-ever, as with all the Section 8

special housing types, a personwith a disability can request to use a

Section 8 voucher in a shared housingsituation as a reasonable accommoda-tion. In the shared housing situation,the PHA calculates a pro-rata portionof the housing costs to determine theactual rent for the Section 8 voucherholder and uses this figure when deter-mining the subsidy amount to be paid bythe PHA.

Renting to RelativesRenting to RelativesRenting to RelativesRenting to RelativesRenting to Relatives

IIIIIn general, a PHA must not approve aunit for lease under the Section 8program if the owner is the parent,

child, grandparent, grandchild,sister, or brother of anymember of the Section 8household. However, thisregulation can be waived as a

reasonable accommodation for aperson with a disability.

Chapter 6

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Request for TenancyRequest for TenancyRequest for TenancyRequest for TenancyRequest for TenancyApprovalApprovalApprovalApprovalApproval

OOOOOnce a unit has been located, theSection 8 voucher holder submits

a “Request for Tenancy Approval”form to the PHA. This form shouldbe distributed during the Section 8briefing session. The submission ofthe Request for Tenancy Approval form“freezes” the housing search “clock”and signals the PHA to:

• Start the inspection process;

• Check to make sure rent isreasonable (discussed below);

• Verify that rent is acceptablegiven Section 8 payment standardguidelines; and

• Determine the subsidy amount.

If the housing unit fails to meetSection 8 requirements, the housingsearch clock will be restarted andthe household resumes its search forhousing that can meet the Section 8guidelines.

Rent ReasonablenessRent ReasonablenessRent ReasonablenessRent ReasonablenessRent Reasonableness

TTTTThe PHA is responsible for ensuringthat the rent charged by the owner

for the unit is reasonable when com-pared to similar unsubsidizedunits in the community, takinginto account the location, size,type, quality, amenities, facili-ties, management, and mainten-

ance of each unit. Also, a rentis reasonable if it is not in excess

of rents currently being charged bythe same owner for comparable unassis-ted units. The rent reasonablenessprocess is designed to ensure thatowners of rental housing do not“overcharge” for Section 8 units.

Rent reasonableness is veryimportant to PHAs that must deal

with fluctuating rental housing costs.Consequently, PHAs often spend asubstantial amount of time gatheringrent data for the community andverifying that Section 8 rents arereasonable in comparison to unassistedunits. Each PHA must develop a pro-cedure for making rent reasonablenessdeterminations and include it in itsSection 8 Administrative Plan.

It is important to note that,for rent reasonableness, Section 8

units must be compared tosimilar units in the community.This means that the rents ofhousing units with specialaccessibility features must

be compared to those ofunassisted units in the community

with similar featuressimilar featuressimilar featuressimilar featuressimilar features.

Housing QualityHousing QualityHousing QualityHousing QualityHousing QualityStandards InspectionStandards InspectionStandards InspectionStandards InspectionStandards Inspection

HHHHHousing leased under the Section 8program must meet HUD’s Housing

Quality Standards (HQS), andmust be physically inspectedby the PHA. The inspectionis required to ensure thathousing leased with federal

funds is maintained in decentand safe condition.

Before any Section 8 assistance canbe provided on behalf of a household,the PHA must physically inspect eachunit to ensure that the unit meetsHUD’s HQS. If any repairs are needed,the owner must complete them beforethe Section 8 household can rent the unit.Assistance cannot be provided to unitsthat fail to meet HQS requirements.

As mentioned earlier, when a house-hold locates a suitable unit, a Requestfor Tenancy Approval is submitted tothe PHA. The PHA will then begin theHQS inspection and rent calculationprocess. PHAs are required to inspect

Getting A Section 8 Voucher And Obtaining Housing

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54 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

the unit promptly to ensure that theowner does not rent it to anotherhousehold while waiting for the PHASection 8 inspection. If repairs arerequired, the units must be reinspect-ed to ensure the repairs have beencompleted.

Conducting HQS inspectionspromptly and effectively can “make or

break” the PHA’s reputationwith local owners of rentalhousing. Some PHAs can take15 days to complete aninspection, a long time for an

owner to “hold” a unit. Disabilityorganizations can learn to work with aPHA’s inspection policies, encouragethe PHA to conduct timely inspections,and — in some instances — actuallyassist in the inspection process. HUDrequires PHAs to take the HQSinspection requirements very seriously,and can penalize PHAs financially forunits in the Section 8 program that failto meet HUD inspection standards.

Fees for LeasingFees for LeasingFees for LeasingFees for LeasingFees for LeasingVouchersVouchersVouchersVouchersVouchers

AAAAA little known fact about theSection 8 program is that a PHA

doesn’t actually get paid (i.e., receiveadministrative money fromHUD) unless a voucher isactually being used to renthousing in the community. APHA receives no compensation

from HUD for issuing vouchers;only a monthly fee for vouchers thatare leased. This monthly “administra-tive fee” is determined by HUD and isavailable online at www.huduser.org/datasets/sec8.html.

PHAs can also receive a “hard tohouse” fee of $75 when a disabledhousehold leases a housing unit —other than the unit they are currentlyresiding in — using a Section 8 voucher.

Chapter 6

This fee, which some PHAs may not beaware of, is intended to compensatethe PHA for what HUD acknowledgesas the extra effort that PHAs shouldmake to help people with disabilitiesuse their vouchers.

Signing a Lease andSigning a Lease andSigning a Lease andSigning a Lease andSigning a Lease andMoving InMoving InMoving InMoving InMoving In

OOOOOnce the unit is found to meetall Section 8 requirements, the

household signs a lease with the owner.The lease must also meet Section 8guidelines.

The household may be required topay a security deposit to the owner.This security deposit is not included as

part of the Section 8 rental assistanceand is usually not provided by the PHA.

In addition to the lease between theowner and the household , the Section 8

rules require that owners enterinto a written contract withthe PHA — known as a HousingAssistance Payment (HAP)contract. Unfortunately, some

owners are unwilling to agree tothese federal requirements, and arereluctant to rent to households usingSection 8 vouchers. In a few statesand some localities (such as the Stateof Massachusetts; Montgomery County,Maryland; and the District of Columbia)there are laws that protect householdstrying to rent housing using Section 8vouchers. In most states and localities,however, there is no way to force an ownerto participate in the Section 8 program.

Once a unit is leased, the ownerusually receives two monthly payments:

PHAs do not receive anyadministrative moneyuntil a Section 8 voucheris leased in a housing unitin the community.

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Technical Assistance Collaborative, Inc. 55

Chapter 6 SummaryChapter 6 SummaryChapter 6 SummaryChapter 6 SummaryChapter 6 Summary• When a household reaches the top of the waiting list, a Section 8 briefing is

scheduled. At this briefing, the household should receive information aboutthe Section 8 program and the responsibilities of being a Section 8 participant.During this briefing the household is “issued” a Section 8 voucher.

• A PHA must give a Section 8 voucher holder at least 60 days to find ahousing unit that meets Section 8 guidelines. PHAs can grant extensions tothis 60-day period. There is no maximum search time established by HUD.

• On a case-by case-basis, a PHA, or HUD, may approve a higher paymentstandard for a person with a disability as a reasonable accommodation.

• Many service providers and advocacy organizations within the disabilitycommunity have been successful partnering with PHAs to help people withdisabilities use Section 8 vouchers. Some disability organizations haveaccess to staff and/or funding to assist with locating a unit; negotiatingwith owners; providing security deposits or other move-in expenses; etc.

• PHAs must be able to provide assistance in locating units with accessibility fea-tures. Tax credit properties can be a good source of accessible housing units.

• Some people are already living in rental housing and may be able to use theirSection 8 voucher to “lease in place.”

• PHAs must allow Section 8 vouchers to be used in “special housing types”including SRO units, group homes, congregate housing, and shared housing —as a reasonable accommodation for a person with a disability.

• Housing units leased through the Section 8 program must have rents thatare reasonable when compared to similar unassisted units in the community.This rule is referred to as “rent reasonableness.”

• All housing leased through the Section 8 program must meet HUD’s HousingQuality Standards and must be physically inspected by the PHA.

one from the PHA and one fromthe Section 8 household. ThePHA is responsible for paying themonthly subsidy amount to the

owner in a timely manner. Thispayment procedure must be outlined inthe PHA’s Section 8 AdministrativePlan and include a policy regarding thepreparation of payments to ownersprior to the first of the month.

In addition to the Section 8 subsidyfrom the PHA, in most instances, theowner also receives a payment fromthe Section 8 household for theirshare of the rent.3 This two paymentsystem — in addition to the PHA

paperwork — is often cited as a barrierto more owners accepting Section 8

vouchers. However, this system alsoguarantees that the ownerautomatically receives theSection 8 rent subsidy fromthe PHA each month. This

subsidy guarantee is a programfeature that can help to

negotiate with owners, especially ifthere is a concern about a Section 8household’s past credit history. Sincethe PHA guarantees some of the rent tothe owner, a household’s credit historyshould be considered less of a barrier.

1 For more information about Independent Living Centers go to www.ncil.org2 Supportive services and personal care services provided in a group home are not considered “continued medical

or nursing care” services.3 For some Section 8 households with very low total tenant payments and high Utility Allowances, there is no

tenant payment to the owner.

Getting A Section 8 Voucher And Obtaining Housing

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56 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Chapter 7Chapter 7Chapter 7Chapter 7Chapter 7

Keeping A Section 8 VoucherKeeping A Section 8 VoucherKeeping A Section 8 VoucherKeeping A Section 8 VoucherKeeping A Section 8 Voucher

IIIIIn the Section 8 program, all partieshave ongoing responsibilities,

including:

• The Section 8 household;

• The owner of the rental housing;and

• The PHA.

Understanding these obligations canhelp prevent problems between ownersand tenants and ensure that people withdisabilities keep their vouchers as longas they continue to need a rent subsidy.This chapter will provide an overview ofthese annual and ongoing obligations.

Responsibilities DuringResponsibilities DuringResponsibilities DuringResponsibilities DuringResponsibilities DuringTenancyTenancyTenancyTenancyTenancy

TTTTThe responsibilities of the Section8 household do not end when a unit

is found and a lease is signed. Likeother government assistance programs,Section 8 households are responsiblefor continuing to meet specificobligations and reporting requirementsas long as they are receiving housingassistance. These obligations include:

• On an annual basis, recertifyingincome and household composition sothat the household can continue toreceive Section 8 assistance and anew total tenant payment andsubsidy can be calculated;

• Notifying the PHA promptly ofcertain changes in income or

household composition.Failure to notify the PHAabout these changes couldresult in termination ofSection 8 assistance; and

• On at least an annual basis, allowingthe rental unit to be reinspected toensure that it continues to be ofgood quality.

The household is also responsiblefor meeting all obligations included inthe lease with the owner. Commonlease requirements include paying therent on time, maintaining the unit ingood condition, and not disturbingother tenants or neighbors.

Reverifying HouseholdReverifying HouseholdReverifying HouseholdReverifying HouseholdReverifying HouseholdIncomeIncomeIncomeIncomeIncome

OOOOOn at least an annual basis, theSection 8 household must meet

with PHA staff to reverify the house-hold’s income and family com-position. This requirement isreferred to as “recertif-ication” and is a way ofensuring that the household

is still eligible and that therent and subsidy amount are accurate.

At the recertification, if thehousehold’s income increases, thentheir share of rent increases and thesubsidy amount decreases. Conversely,if the household’s income decreases,their rent share also decreases and the

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PHA subsidy amount increases. ThePHA is required to give at least 30days notice of any change in thehousehold’s total tenant payment.

As with any other Section 8responsibility, the PHA mayestablish a policy regardinghow many recertificationappointments (if any) can bemissed. HUD permits PHAs to

terminate Section 8 assistance if ahousehold misses a recertification

appointment.If there is a change in the

household’s income during the year(e.g., due to sudden unemployment)the household should notify the PHAin a timely manner so that the subsidyamount can be changed. This processis referred to as an “interimrecertification.”

often 3-5 days — to report anyhousehold composition changes.

Additional HouseholdAdditional HouseholdAdditional HouseholdAdditional HouseholdAdditional HouseholdMembersMembersMembersMembersMembers

AAAAA lthough visitors or weekendguests do not have to be reported,

any new residents of the unit — even iftemporary — must be reported to the

PHA. Temporary residents areconsidered to be benefitingfrom the Section 8 programwhile they are residing withthe Section 8 household.

The income of any temporaryresident must be reported to the

PHA so that a new subsidy amount canbe calculated. Any new member of thehousehold, even if temporary, may alsobe screened by the PHA for priortenant history, criminal background,or other PHA screening criteria.

HQS ReinspectionHQS ReinspectionHQS ReinspectionHQS ReinspectionHQS Reinspection

SSSSS imilar to the income recertifica-tion, at least once a year the PHA

is required to reinspect all housing unitssubsidized with Section 8 rentalassistance. This is to ensure thatthe unit is still of good quality andmeets HUD’s HQS guidelines.A unit may be reinspected

more frequently if requestedby the owner or the Section 8 house-

hold, or as part of a PHA’s own internalaudit of its Section 8 program.

Owner ResponsibilitiesOwner ResponsibilitiesOwner ResponsibilitiesOwner ResponsibilitiesOwner Responsibilities

OOOOOwners receiving Section 8payments from a PHA have

responsibilities too. The role of theowner in the Section 8 program is toprovide decent, safe, and sanitary

Changes in HouseholdChanges in HouseholdChanges in HouseholdChanges in HouseholdChanges in HouseholdCompositionCompositionCompositionCompositionComposition

DDDDDuring any income recertificationprocess, the PHA must also re-

verify the household’s size andcomposition. These changes areimportant since they also can affect

the amount of Section 8 subsidypaid by the PHA. If there is achange in the household’scomposition — as a result of adeath or birth, for example —

the household is responsible fornotifying the PHA as soon as possible.Many PHAs set a short time frame —

As a reasonable accommoda-tion, people with disabilitiescan request changes in PHArecertification policies, such

as: allowing more time for therecertification process, including

rescheduling appointments; provid-ing home visits to conduct recerti-fications; etc.

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58 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

housing at a reasonable rent. Toreceive Section 8 rental assistance,the housing unit must pass a HQSinspection and be maintained up tothese standards as long as the ownerreceives rental assistance paymentsfrom the PHA. In addition, the owneris expected to provide the services(such as garbage removal, snowshoveling, etc.) agreed to as part ofthe lease signed with the tenant andthe contract signed with the PHA.

Rent IncreasesRent IncreasesRent IncreasesRent IncreasesRent Increases

UUUUUsually, owners participating inthe Section 8 program will seek

to increase rents in order to coverincreased operating costs. Accord-ing to Section 8 regulations, rentincreases are allowable, and may resultin either an increase in subsidy amount,an increase in the tenant’s share ofthe rent, or both, depending on thecircumstances.

• Increase in the subsidy amount:Increase in the subsidy amount:Increase in the subsidy amount:Increase in the subsidy amount:Increase in the subsidy amount:Once a year, in anticipation of theanniversary date of the HAP con-tract, owners may request an in-

crease in the Section 8 subsidyfrom the PHA. If approvedby the PHA, this increase iscalculated by using a HUD-determined formula. If the

increase requested by theowner is unreasonable based on thehousing market conditions, the PHAmust determine that the unit nolonger meets the “rent reasonable-ness” standards of the program (seeChapter 6) and may not approvethe request.

• Increase in household’s totalIncrease in household’s totalIncrease in household’s totalIncrease in household’s totalIncrease in household’s totaltenant payment:tenant payment:tenant payment:tenant payment:tenant payment: Sometimes,the owner’s rent increase mayresult in the household paying morethan 40 percent of its adjusted

income toward housing costs. Asmentioned in Chapter 5, Section 8households may not pay more than40 percent of their income towardhousing costs, except except except except except if they arecurrently receiving Section 8assistance in a housing unit and thePHA approves a subsequent rentincrease by the owner. This rule isintended to give the household thechoice of (1) moving to a new unitthat meets Section 8 guidelines; or(2) remaining in their current unitand paying more than 40 percent ofmonthly income toward housing costs.Under no circumstances can anowner demand additional rent fromthe tenant without the PHA’sapproval.

Moving with a VoucherMoving with a VoucherMoving with a VoucherMoving with a VoucherMoving with a Voucher

AAAAA household’s housing needs maychange over time with changes in

household size, job location, or otherreasons. The Section 8 program isdesigned to allow households to moveto another PHA’s jurisdiction withoutlosing the voucher.

This rule in the Section 8 programis referred to as “portability.” Simply

stated, portability means that aSection 8 household may usetheir voucher to lease a unitin any other state or commu-nity in the country, as long as

there is a PHA administering theprogram in that locality.

However, a PHA may establish apolicy that requires a new Section 8

household that resided outsideof the PHA’s jurisdiction whenthe voucher was first issued tolive within the PHA’sjurisdiction for a specific

amount of time, not to exceedone year. After that time period, the

household may take their voucher and

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Keeping A Section 8 Voucher

move outside the PHA’s jurisdiction aslong as the household:

11111 Notifies the PHA ahead of time;

22222 Legally terminates its existing leasewith the owner; and

33333 Can find housing approvable underSection 8 program guidelineselsewhere.

People with disabilities who needto move out of the PHA’s juris-

diction because of a disability-related issue may request thatthis one-year waiting period bewaived as a reasonable accommo-dation. For example, a person

with mental illness may be allowedto move from one PHA jurisdiction toanother within the first year of Section8 assistance if the move is necessary toimprove access to community-basedmental health services.

Although it is permissible to moveto other communities or states usinga Section 8 voucher, it can be anadministratively burdensome task forthe PHA. When a household moveswith a voucher, the original PHA andthe PHA in the new jurisdiction

Voluntary and InvoluntaryVoluntary and InvoluntaryVoluntary and InvoluntaryVoluntary and InvoluntaryVoluntary and InvoluntaryTerminationsTerminationsTerminationsTerminationsTerminations

AAAAAccording to HUD’s rules, Section 8households remain eligible for

assistance until 30 percent of thehousehold’s income equals therent (plus any tenant-paidutilities) for the unit — inother words, until the totaltenant payment equals the

monthly housing cost. At thatpoint, the household no longer needsthe housing subsidy.

A PHA’s policy for terminatinghouseholds — either voluntarily orinvoluntarily — from the Section 8program must be described in itsSection 8 Administrative Plan. Inaddition, this policy must be explainedto all households at the initial Section8 briefing.

There are several circumstancesthat could result in a household beinginvoluntarily terminated from theSection 8 program. Termination ofSection 8 rental assistance may occur:

1. 1. 1. 1. 1. If the household violates theSection 8 family obligations (i.e.,fails to report increases in incomeor changes in family size).

2. 2. 2. 2. 2. If any member of the householdcommits drug-related or violentcriminal activity.

3. 3. 3. 3. 3. If any member of the householdcommits fraud, bribery, or anyother corrupt criminal act inconnection with any federalhousing program.

4. 4. 4. 4. 4. If the household owes rent orother amounts to the PHA andrefuses to enter into a repaymentagreement or is not complying withthe terms of an existing repaymentagreement.

(referred to as the “receiving” PHA)must determine which PHA will beresponsible for making Section 8payments to the owner and whichPHA will receive a fee from HUDto administer this voucher. Thesearrangements are worked out betweenthe two PHAs and should not involvethe Section 8 household.

A Section 8 household may usetheir voucher to lease a unitin any other state or commun-ity in the country, as long asthere is a PHA administering

the program in that locality.

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60 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

5. 5. 5. 5. 5. If the household breaches anagreement with another PHA to payamounts owed to that PHA.

6. 6. 6. 6. 6. If any member of the householdengages in or threatens abusive orviolent behavior toward PHApersonnel or a property owner.

Appeals of TerminationsAppeals of TerminationsAppeals of TerminationsAppeals of TerminationsAppeals of Terminations

AAAAAs with the decisions regardingeligibility discussed in Chapter 4,

PHAs must also establish a process forallowing Section 8 households toappeal decisions made by thePHA regarding termination ofSection 8 assistance. Thisappeals process must be

described in the Section 8Administrative Plan and must at

least involve:

• A written statement to the Section8 household of the terminationdecision, including an explanation ofthe basis for the PHA’s decision anda notification of the household’sright to request an informal hearingon the decision (and the deadlinefor requesting such a hearing).

• The opportunity for the householdto examine — before the PHAhearing — any PHA documentsdirectly relevant to the hearing.

• The appointment of an officialHearing Officer to conduct theinformal hearing. This person is

designated by the PHA and may beany person other than the one whoapproved the decision under reviewor a subordinate of this person.

Chapter 7

During the hearing, both the PHAand the household are allowed topresent any evidence that may berelevant and to question any desig-nated witnesses. The household mayalso bring legal representation to thishearing — such as a lawyer or otherrepresentative — at its own expense.

Continuation of Section 8Continuation of Section 8Continuation of Section 8Continuation of Section 8Continuation of Section 8Funding from CongressFunding from CongressFunding from CongressFunding from CongressFunding from Congress

IIIIIn recent years, there has beenmuch discussion about “expiring”

Section 8 contracts and the potentialimpact on program participants.Currently, Congress is renewing PHA’sSection 8 contracts on a year-to-yearbasis. Since the program began in1975, Congress has always renewedthese voucher contracts, and noSection 8 household has ever beenterminated from the program becauseof a lack of funding.

As a reasonable accommo-dation for a person withdisabilities, a PHA canreinstate a voucher that wasterminated for cause due tomitigating circumstances.

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Keeping A Section 8 Voucher

Chapter 7 SummaryChapter 7 SummaryChapter 7 SummaryChapter 7 SummaryChapter 7 Summary• A Section 8 household has certain obligations during tenancy, including re-

verifying household income and composition on an annual basis; notifyingthe PHA of any changes in income or composition during the tenancy; andat least annually allowing the rental unit to be reinspected.

• It is important that reinspection or recertification appointments are notmissed. Section 8 rental assistance can be terminated as a result ofmissed appointments.

• Owners participating in the Section 8 program are required to keephousing units in good condition.

• Section 8 households can use their vouchers to rent housing in anycommunity in the nation. A PHA can establish a policy that non-residentSection 8 applicants must live within the PHA’s jurisdiction for a specifiedamount of time (not to exceed one year). At the end of that time, theSection 8 household can move to any other community in the country.

• All Section 8 households have the right to appeal PHA decisionsregarding terminations. Make sure to inquire about the PHA’s policyregarding appeals.

• Currently, Congress is renewing PHA’s Section 8 contracts on a year-to-year basis. However, thus far, Congress has always renewed thesevoucher contracts, and no Section 8 household has ever been terminatedfrom the program because of a lack of funding.

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62 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Chapter 8Chapter 8Chapter 8Chapter 8Chapter 8

Reasonable Accommodation AndReasonable Accommodation AndReasonable Accommodation AndReasonable Accommodation AndReasonable Accommodation AndReasonable ModificationReasonable ModificationReasonable ModificationReasonable ModificationReasonable Modification

AAAAAlthough there are many featuresof the Section 8 program that

help people with disabilities, there arealso occasions when Section 8 policiesneed to be changed to ensure thatpeople with disabilities can benefitfrom the program. Federal fair housinglaws — especially the reasonableaccommodation provision of Section504 — allow people with disabilities toask for these changes and obligatePHAs to make modifications to theirpolicies as long as these changes arereasonable. This chapter provides anoverview of these laws, and a descriptionof reasonable accommodation andreasonable modification. It alsoincludes a listing of common changesto Section 8 rules and policies thatcan be requested as a reasonableaccommodation under Section 504.

ReasonableReasonableReasonableReasonableReasonableAccommodationAccommodationAccommodationAccommodationAccommodation

PPPPPeople with disabilities can havedifficulty with the complex and

bureaucratic requirements associatedwith the Section 8 program. Forexample, people with disabilities mayneed assistance in completing theapplication process, searching forhousing, and submitting the necessarypaperwork. PHAs are required toprovide this assistance under theprovisions of Section 504 of theRehabilitation Act of 1973.

Section 504 requires that PHAsprovide “reasonable accommodation” inrules, policies, practices, or services topeople with disabilities, including thosepolicies in a PHA’s Section 8 program.For example, a person with a disabilitymight request that a PHA conduct ahome visit in order to allow him/her tocomplete a Section 8 application.

Chapter 8

Requesting a ReasonableRequesting a ReasonableRequesting a ReasonableRequesting a ReasonableRequesting a ReasonableAccommodationAccommodationAccommodationAccommodationAccommodation

UUUUUnder Section 504, every Section 8disabled household has the right to

request a reasonable accommodation.In addition, PHAs are required to informSection 8 households of this right.

This does not mean that the PHAmust grant any accommodationrequested. The PHA may decide thatsome requests are “unreasonable” ormay suggest a different solution to theproblem. PHA’s decisions about whatis “reasonable” are sometimes basedon previous HUD decisions regardingreasonable accommodation requests.

Remember, HUD’s definition of“disabled household” requiresthat the head of the house-hold, co-head, or spouse havea disability. This definitiondoes not include households inwhich the sole member or memberswith disabilities are minor children.

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Reasonable Accommodation And Reasonable Modification

Examples of some reasonable accom-modations have been describedthroughout this guidebook and areindexed at the end of this chapter.

Regardless of the outcome, PHAsmust have a process for households

to make reasonable accommo-dation requests and fordetermining whether or notthey are reasonable. Thisprocess must also be described

in the Section 8 AdministrativePlan. Usually, this policy involves the

Section 8 household submitting therequest in writing to PHA staff.

It is helpful to understand theSection 8 rules in order to be ableto ask for a specific accommodation.The written reasonable accommodationrequest should clearly describe theaccommodation that is being requested,the reason that it is being requested,and include a discussion of how theaccommodation is related to theperson’s disability. It is helpful toattach any written documentation orletters from advocates or providersthat may support this request.

Some PHAs may simply respond inwriting to the request — especiallyfor those requests that are similarto accommodations that the PHA hasgranted in the past. Some PHAs mayschedule a meeting so that thehousehold can discuss the request andprovide any supporting documentation.

Unfortunately, some PHAs are stillunsure about their obligations underthe federal fair housing laws and maynot understand all their responsibilitieswith respect to reasonable accommodation.They also may not understand exactlyhow flexible they can be in granting areasonable accommodation. PHAs aretypically concerned that HUD will notagree with decisions they have madeand may want HUD to approve every“exception” to the rules.

The disability community mayhave to educate the PHAs about therequirements of these laws. Thisguidebook, and other written materials —

including HUD regulations andnotices, past issues of OpeningDoors publications (available atwww.tacinc.org), etc. — canhelp explain reasonable accom-

modation to a PHA. HUD FairHousing Staff (from the local HUD

Field Office or HUD Headquarters inWashington, DC) are also valuableresources to learn more about federalfair housing laws and reasonable accom-modation in the Section 8 program.Using these resources, the PHA can beencouraged to establish clear and help-ful reasonable accommodation policies.

Reasonable ModificationReasonable ModificationReasonable ModificationReasonable ModificationReasonable Modification

RRRRReasonable modification policiesunder the fair housing laws allow

people with disabilies to alter theirrental housing units to meettheir unique needs. Underreasonable modification, anowner participating in theSection 8 program must allow

a person with a disability — attheir own expense — to make certainphysical modifications to a unit ifneeded to fully use and enjoy thehousing unit. Owners may require thatthe modifications be completed in aprofessional manner and be in compli-ance with all applicable building codes.In addition, owners may require thetenant to restore the unit to its originalcondition before vacating. Examples ofmodifications might be installing an en-trance ramp or grab bars in the shower.

The owner does not have to allowthe tenant to make modifications thatthe law deems “unreasonable.” Anunreasonable modification would beone that is not not not not not related to the person’s

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64 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

disability — the installation of adishwasher, for example.

Whether a modification isreasonable must be evaluated on acase-by-case basis guided by pre-vious HUD decisions and decisionsmade in federal court. However,federal fair housing laws make it illegalfor owners to refuse to permit tenantswith disabilities to make reasonablemodifications to their housing if thetenant is willing to pay for the changes.

••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••Index of Common Changes to Section 8 Rules ThatIndex of Common Changes to Section 8 Rules ThatIndex of Common Changes to Section 8 Rules ThatIndex of Common Changes to Section 8 Rules ThatIndex of Common Changes to Section 8 Rules ThatCan Be Requested as a Reasonable AccommodationCan Be Requested as a Reasonable AccommodationCan Be Requested as a Reasonable AccommodationCan Be Requested as a Reasonable AccommodationCan Be Requested as a Reasonable AccommodationListed below is an index of examples used in this guidebook of changes to Section 8policies that PHAs can make as a reasonable accommodation for a person with adisability. Some PHAs may already have these policies as a general rule in theirSection 8 program, but many do not. Please refer to the page number to learnmore about the specific policy change.

PAGE NUMBEROUTREACHOUTREACHOUTREACHOUTREACHOUTREACH

• Notifying the disability community before opening the Section 8 . . . . . . . . . . . . . . . .waiting list and accepting applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

• Providing training on the Section 8 application process to . . . . . . . . . . . . . . . . . . . . . . .the disability community and other interested parties . . . . . . . . . . . . . . . . . . . . . . . . 24

COMPLETING AND SUBMITTING A SECTION 8 APPLICATIONCOMPLETING AND SUBMITTING A SECTION 8 APPLICATIONCOMPLETING AND SUBMITTING A SECTION 8 APPLICATIONCOMPLETING AND SUBMITTING A SECTION 8 APPLICATIONCOMPLETING AND SUBMITTING A SECTION 8 APPLICATION

• Allowing applications to be mailed or faxed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

• Providing applications in Braille, large print, or other alternative formats . . . . . . . . 24

• Providing assistance with completing the Section 8 application . . . . . . . . . . . . . . . . . 24

• Allowing applications to be dropped off at the PHA by a friend, . . . . . . . . . . . . . . . . .family member, advocate, service provider, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

• Visiting the applicant’s home in order to allow him/her . . . . . . . . . . . . . . . . . . . . . . . . .to complete the application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

• Allowing additional time to submit an application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

In the Section 8 program, ownersare generally not required to pay for

modifications. However, a PHAmay approve a higher rent foran owner who is making acces-sibility modifications to a unitto meet a Section 8 house-

hold’s needs. By providing ahigher rent, the PHA is helping theowner pay for the cost of themodification.

Chapter 8

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WAITING LIST MANAGEMENTWAITING LIST MANAGEMENTWAITING LIST MANAGEMENTWAITING LIST MANAGEMENTWAITING LIST MANAGEMENT

• Allowing a secondary contact person to be listed on the application . . . . . . . . . . . . . .and sending copies of all PHA correspondence to both the applicant . . . . . . . . . . . . . .and the secondary contact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

• Allowing previously incomplete applications to be added to the list . . . . . . . . . . . . . . .(once completed), even if the list is now “closed” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

• Allowing applications discarded during the “update” process to be . . . . . . . . . . . . . . .reinstated to the list in its original position . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

SCREENING AND VERIFICATIONSCREENING AND VERIFICATIONSCREENING AND VERIFICATIONSCREENING AND VERIFICATIONSCREENING AND VERIFICATION

• Making exceptions to screening criteria regarding criminal . . . . . . . . . . . . . . . . . . . . .histories, past rental histories, or credit histories based on . . . . . . . . . . . . . . . . . . . .mitigating circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

• Providing extra time to gather documentation of eligibility . . . . . . . . . . . . . . . . . . . . 33

HOUSING SEARCH PROCESSHOUSING SEARCH PROCESSHOUSING SEARCH PROCESSHOUSING SEARCH PROCESSHOUSING SEARCH PROCESS

• Providing a higher Utility Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

• Accounting for a participant’s live-in aide or overnight support . . . . . . . . . . . . . . . . . .staff when determining the unit size for the household . . . . . . . . . . . . . . . . . . . . . . . 42

• Allowing a friend, family member, service provider, or other person . . . . . . . . . . . . . .to attend the briefing session with the applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

• Allowing extensions to the housing search time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

• Providing a higher payment standard or requesting HUD to approve . . . . . . . . . . . . . .a higher payment standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

• Providing a higher payment standard to help cover the costs of . . . . . . . . . . . . . . . . .accessibility modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

• Allowing Section 8 vouchers to be used in special housing types . . . . . . . . . . . . . . . . .such as shared housing, group homes, SROs, and congregate housing . . . . . . . . . . . . 51

• Allowing voucher holders to rent from relatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

MAINTAINING THE SECTION 8 VOUCHER MAINTAINING THE SECTION 8 VOUCHER MAINTAINING THE SECTION 8 VOUCHER MAINTAINING THE SECTION 8 VOUCHER MAINTAINING THE SECTION 8 VOUCHER

• Rescheduling recertification appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

• Providing home visits to conduct recertifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

• Allowing additional time for the annual recertification process . . . . . . . . . . . . . . . . . 57

• Reinstating a voucher that was terminated for cause, . . . . . . . . . . . . . . . . . . . . . . . . . .due to mitigating circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

Reasonable Accommodation And Reasonable Modification

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66 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Chapter 8 SummaryChapter 8 SummaryChapter 8 SummaryChapter 8 SummaryChapter 8 Summary• Federal fair housing laws — particularly Section 504 of the Rehabiliation

Act of 1973 — require that PHAs provide reasonable accommodation intheir Section 8 policies and procedures if they are needed to help peoplewith disabilities benefit from the Section 8 program. PHAs are requiredto inform all Section 8 households of their right to request a reasonableaccommodation.

• PHAs must have a process for Section 8 households to make reasonableaccommodation requests and for determining whether or not these requestsare reasonable.

• Unfortunately, some PHAs are still unsure about their obligations under thefederal fair housing laws and may not understand all their responsibilitieswith regards to reasonable accommodation.

• Reasonable modification policies under the fair housing laws require anowner participating in the Section 8 program to allow a person with adisability — at their own expense — to make certain physical modificationsto a unit if needed to fully use and enjoy the housing unit.

• In the Section 8 program, owners are generally not required to pay formodifications. However, a PHA may approve a higher rent for an ownerwho is making accessibility modifications to a unit to meet a Section 8household’s needs.

Chapter 8

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Technical Assistance Collaborative, Inc. 67

Section 8 Project-Based Assistance

AAAAAs mentioned in Chapter 1, theSection 8 program can also be

used to provide subsidized rents inspecific buildings — known as “project-based” rental assistance. This optionhas been available to PHAs for manyyears, although recent changes to theSection 8 rules make project-basingmuch more feasible for PHAs.

While Section 8 tenant-basedassistance may continue to be theprimary tool to assist people withdisabilities to obtain affordable rentalhousing, it is important for thedisability community to also learn howthe project-based component can beused. This chapter will provide anoverview of the project-basedcomponent, including recent rulechanges that make the program moredesirable for people with disabilities.1

Project-Based AssistanceProject-Based AssistanceProject-Based AssistanceProject-Based AssistanceProject-Based Assistance

TTTTThe Section 8 rules now allow a PHAto commit a portion of its Section

8 voucher funding to project-basedassistance. In other words, project-based assistance means that thevoucher is committed or “tied” to oneor more units in a specific building fora specific time. Committing thevoucher to the property guaranteesthe owner that Section 8 subsidyfunding will be used in the property.The PHA then refers eligibleapplicants to reside in those units.

The new project-based programwas effective on January 16, 2001 —the date that HUD made available its

initial guidance on the pro-gram rules to PHAs.Through the Section 8project-based assistanceoption, a PHA can now

designate up to 20 percentof its Section 8 funding to be used inspecific rental properties. Both new aswell as existing rental projects are eligibleto receive project-based rental assistanceaccording to the following stipulations:

• No more than 25 percent of theunits in a building may receiveproject-based vouchers unlessunlessunlessunlessunless theassisted units are in single familydwellings, or projects for theelderly and disabled families, orfamilies receiving supportiveservices. HUD defines a singlefamily dwelling as a property withfour units or less;

• The PHA may contract with theproperty owner to provide project-based assistance for up to ten years(subject to availability of appropriatedfunds from Congress); and

• Households residing in units withproject-based vouchers have theright to move after one year andreceive the next available Section 8tenant-based voucher, or its equiva-lent, from the PHA. The PHA willthen refer a new applicant to theproject-based assisted unit fromits existing Section 8 waiting list.

Chapter 9Chapter 9Chapter 9Chapter 9Chapter 9

Section 8 Project-Based AssistanceSection 8 Project-Based AssistanceSection 8 Project-Based AssistanceSection 8 Project-Based AssistanceSection 8 Project-Based Assistance

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68 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Project-based units are subject tomost of the standard rules of theSection 8 tenant-based voucherprogram. For example, householdstypically must pay the minimum totaltenant payment based on 30 percentof their monthly adjusted income inproject-based units. The PHA mustalso inspect project-based units atleast annually to ensure the quality onthe housing.

Creating New HousingCreating New HousingCreating New HousingCreating New HousingCreating New Housingwith Project-Basedwith Project-Basedwith Project-Basedwith Project-Basedwith Project-BasedAssistanceAssistanceAssistanceAssistanceAssistance

PPPPProject-based assistance can be avaluable resource for creating

new affordable housing for peoplewith disabilities, in part because thehousehold is now permitted to obtain aSection 8 voucher and move after oneyear of occupancy in the project-basedunit. Under the old rules, tenant-basedvouchers were rarely provided tohouseholds living in project-basedhousing, unless they applied and waited— sometimes many years — to get tothe top of the tenant-based voucherwaiting list.

Because of modifications in theproject-based process, it may also bemore feasible for PHAs to combinevouchers with other development

financing to create new housingfor people with disabilities.For example, project-basedassistance could be combinedwith HUD HOME program

funding or Community Develop-ment Block Grant funding to acquire

and rehabilitate a rental housing prop-erty, and lease the units to householdswith both moderate and low incomes.

Non-profit housing organizationsassisting people with disabilities may

find that the project-based voucherprogram is a valuable resource toexpand the supply of afford-able rental housing that is notsubject to the fluctuations ofthe private rental housing

market and the willingness ofprivate owners to accept Section 8

tenant-based vouchers.

Waiting Lists andWaiting Lists andWaiting Lists andWaiting Lists andWaiting Lists andOther PoliciesOther PoliciesOther PoliciesOther PoliciesOther Policies

PPPPPHAs maintain the waiting list for allproject-based units. A PHA may use

its single Section 8 waiting list for bothits tenant-based and project-based voucher programs, ormay use a separate waiting listfor the project-based units, aslong as all applicants on the

tenant-based waiting list are ableto apply for the project-based units.This policy gives applicants already onthe tenant-based waiting list the optionto pursue a project-based unit beforeproject-based units are made availableto new applicants in the community.

PHAs are also authorized to usespecial preferences or criteria forselecting applicants for project-basedunits. For example, if the units will

offer certain types of suppor-tive services to residents (e.g.,service coordination), the PHAmay select households thatindicate a preference for

residing in housing where servicecoordination services are made

available to residents who desire them.These preferences or criteria must beclearly spelled out in the PHA’s Section8 Administrative Plan.

Chapter 9

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Section 8 Project-Based Assistance

For More InformationFor More InformationFor More InformationFor More InformationFor More Information

AAAAAs of the date of this publication,HUD was finalizing regulations

that will further improve the imple-mentation and administration ofproject-based assistance by PHAs.

Chapter 9 SummaryChapter 9 SummaryChapter 9 SummaryChapter 9 SummaryChapter 9 Summary• Project-based assistance means that vouchers are committed or “tied” to

one or more units in a specific building for a specific time. Committing thevoucher to the property guarantees the owner that Section 8 subsidyfunding will be used in the property.

• Project-based units are subject to many of the standard rules of theSection 8 tenant-based voucher program.

• The new project-based program was effective on January 16, 2001 —the date that HUD made available its initial guidance on the program rulesto PHAs.

• Through the Section 8 project-based assistance option, a PHA can nowdesignate up to 20 percent of its total tenant-based Section 8 voucher fundsto be used in specific rental properties.

• No more than 25 percent of the units in a building may receiveproject-based vouchers unless the assisted units are in single familyproperties, or are for elderly or disabled families, or families receivingsupportive services.

• Households in units with project-based vouchers have the right to moveafter one year and will receive the next available Section 8 tenant-basedvoucher, or its equivalent, from the PHA.

• Project-based assistance can be a valuable resource for creating newaffordable housing for people with disabilities.

• PHAs are also authorized to use special preferences or criteria forselecting applicants for project-based units.

This information regarding theseregulations will be posted on TAC’swebsite (www.tacinc.org) as soon as itis made available by HUD. TAC alsorecommends the Center on Budget andPolicy Priorities’ website (www.cbpp.org)for accurate and up-to-date informationon the project-based assistance program.

1 Some of the information in this chapter is from materials authored by Barbara Sard from the Center on Budgetand Policy Priorities (www.cbpp.org) and published with her permission.

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70 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Chapter 10Chapter 10Chapter 10Chapter 10Chapter 10

Section 8 And HomeownershipSection 8 And HomeownershipSection 8 And HomeownershipSection 8 And HomeownershipSection 8 And HomeownershipAssistanceAssistanceAssistanceAssistanceAssistance

HomeownershipHomeownershipHomeownershipHomeownershipHomeownershipAssistanceAssistanceAssistanceAssistanceAssistance

BBBBBeginning in 1999, HUD began allow-ing Section 8 vouchers to be used

to help very low-income households,including people with disabilities, buytheir first home. HUD rules permit —but do not require — PHAs currentlyadministering a Section 8 program touse Section 8 assistance to help ahousehold buy a home.

In June of 2001, HUD also createdthe Pilot Program for HomeownershipAssistance for Disabled Families —a new component of the Section 8Homeownership Program recentlyauthorized by Congress. Both theseprograms have the potential to alterthe basic role of the Section 8program — which has been to assistthe lowest income households — bydirecting Section 8 homeownershipbenefits to households that havehigher incomes and can afford all thecosts associated with homeownership.However, there is also potential withinthese programs to assist more peoplewith disabilities to obtain the goal ofhomeownership.

This chapter provides an overviewof how Section 8 assistance can beused to purchase a home, including adiscussion of the new Pilot Programfor Homeownership Assistance forDisabled Families. This chapter alsoincludes some suggestions for how

the disability community can workwith PHAs to start a Section 8homeownership program.

Section 8 HomeownershipSection 8 HomeownershipSection 8 HomeownershipSection 8 HomeownershipSection 8 HomeownershipProgramProgramProgramProgramProgram

OOOOOn September 12, 2000, HUDpublished a final rule in the

Federal Register allowing PHAs toestablish a Section 8 homeownershipprogram. Through this program,Section 8 households can use theirhousing assistance payments towardhomeownership expenses. In Octoberof 2002, HUD published some amend-ments to the final rule that changedsome of the program guidelines, espe-cially for people with disabilities.

PHAs are not requirednot requirednot requirednot requirednot required to admin-ister a Section 8 homeownershipprogram. In fact, PHAs must demon-

strate to HUD that they havethe capacity to administerthe Section 8 homeownershipprogram, which differs in

many ways from the rentalassistance program. The PHA

Plan should document a PHA’s intentionto implement a Section 8 homeown-ership program.

PHAs do not receive any additionalfunding if they decide to offer thisoption. As a result, some PHAs maybe reluctant to establish a Section 8homeownership program.

Chapter 10

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Section 8 And Homeownership Assistance

However, according to HUD regu-lations, a PHA must offer the Section8 homeownership option to a personwith a disability if it is needed as a

reasonable accommodation. Inother words, under certaincircumstances a PHA mustprovide the homeownershipoption to a person with a

disability even if the PHAdoes not have an existing Section 8homeownership program. An exampleof this type of reasonable accom-modation might be a person with achemical sensitivity disorder who isunable to find suitable rental housingthat meets his/her needs. In theSection 8 Homeownership Final Rule,HUD reminds PHAs that these accom-modations must be determined on a case-by-case basis and be “reasonable” asdefined in the provisions of Section504 of the Rehabilitation Act of 1973.

Eligibility Criteria forEligibility Criteria forEligibility Criteria forEligibility Criteria forEligibility Criteria forSection 8 HomeownershipSection 8 HomeownershipSection 8 HomeownershipSection 8 HomeownershipSection 8 HomeownershipAssistanceAssistanceAssistanceAssistanceAssistance

PPPPPHAs are given significant flexibilityby HUD to design their Section 8

homeownership programs including, forexample, limiting the number of house-

holds assisted and/or targetingthe assistance to a specificsegment of households — such asSection 8 households currentlyparticipating in the PHA’s Family

Self Sufficiency program.1

According to HUD, PHAs can offerSection 8 homeownership assistance toboth new and existing participants ofthe PHA’s Section 8 program. However,a PHA may choose to limit homeown-ership assistance to existing Section 8participants and/or require that inter-ested households receive Section 8tenant-based rental assistance for a

specific period of time beforebeing eligible for the homeowner-ship program.

To be eligible for Section 8homeownership assistance, a house-hold must first meet the generalrequirements for the Section 8program. In addition, a householdmust meet very specific requirementsfor the Section 8 homeownershipprogram, including minimum incomerequirements, described below.

Minimum IncomeMinimum IncomeMinimum IncomeMinimum IncomeMinimum IncomeRequirementsRequirementsRequirementsRequirementsRequirements

HHHHHUD has established two minimumincome requirements for the

Section 8 homeownership program:one for disabled households and onefor non-disabled households.

•••••Minimum Income for DisabledMinimum Income for DisabledMinimum Income for DisabledMinimum Income for DisabledMinimum Income for DisabledHouseholdsHouseholdsHouseholdsHouseholdsHouseholds: According to theprogram amendments published

by HUD in 2002, to be eli-gible to receive Section 8homeownership assistance,a disabled household musthave an annual income of at

least $6,624 in 2003. Thisincome is equal to the federal

Supplemental Security Income(SSI) benefit amount ($552 forthe year 2003) for a person livingindependently in the communitymultiplied by 12.

For people with disabilities, theminimum income requirement forthe Section 8 homeownershipprogram is equal to $6,624 in 2003.This income is equal to the federalSupplemental Security Income (SSI)benefit amount ($552 for the year 2003)for a persons living independently in thecommunity multiplied by 12.

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72 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

• Minimum Income for Non-DisabledMinimum Income for Non-DisabledMinimum Income for Non-DisabledMinimum Income for Non-DisabledMinimum Income for Non-DisabledHouseholdsHouseholdsHouseholdsHouseholdsHouseholds According to HUD rules,to be eligible to receive Section 8homeownership assistance, a non-disabled household must currentlyhave an annual income of at least$10,300. This income is equal to thefederal minimum wage ($5.15 for theyear 2003) multiplied by 2,000 hours.

A PHA may establish a minimumincome requirement higher than thefederal standard if the PHA believesthat a higher limit is necessary toensure a successful program. However,if a disabled household meets HUD’snational minimum income standard

Other Eligibility CriteriaOther Eligibility CriteriaOther Eligibility CriteriaOther Eligibility CriteriaOther Eligibility Criteria

IIIIIn addition to minimum income re-quirements, there are other criteria

for determining eligibility for Section 8homeownership assistance including:employment, first-time homeowner, andhomebuyer counseling requirements.

EmploymentEmploymentEmploymentEmploymentEmployment

To be eligible for homeownershipassistance, at least one adult memberof the Section 8 household must have

been continuously employed forat least 30 hours per week onaverage over the past year.This employment requirementThis employment requirementThis employment requirementThis employment requirementThis employment requirementis does is does is does is does is does notnotnotnotnot apply to people apply to people apply to people apply to people apply to people

with disabilitieswith disabilitieswith disabilitieswith disabilitieswith disabilities. However,people with disabilities must still meetthe minimum income requirement evenif the income is not from employment.

First-Time HomeownerFirst-Time HomeownerFirst-Time HomeownerFirst-Time HomeownerFirst-Time Homeowner

To be eligible, the household mustalso be a “first-time homeowner” or

a household that owns or isacquiring shares in a housingcooperative. For disabledhouseholds, the first-time

homeowner requirement canbe waived on a case-by-case

basis as a reasonable accommodation.

Homebuyer CounselingHomebuyer CounselingHomebuyer CounselingHomebuyer CounselingHomebuyer Counseling

Households participating inthe Section 8 homeownershipprogram must receive homebuyer

counseling consistent with HUDstandards. This counseling maybe provided directly by PHAs orby a HUD-approved counselingagencies in the community (in

partnership with PHAs).

Chapter 10

Although a PHA may establish aminimum income requirementhigher than the federal standard,if a disabled household meetsHUD’s national minimum income

standard (but does not meet thePHA’s higher income standard) andandandandand candemonstrate that it has been pre-approvedor pre-qualified for homebuyer financing,then the PHA must consider this familyeligible for Section 8 homeownershipassistance.

(but does not meet the PHA’s higherincome standard) andandandandand can demon-strate that it has been pre-approvedor pre-qualified for homebuyerfinancing, then the PHA must considerthis family eligible for Section 8homeownership assistance.

As with Section 8 rental assistance,PHAs must examine both the incomeand assets of all household memberswhen determining if the householdis eligible for Section 8 home-ownership assistance. For disabledhouseholds, welfare and othersources of public assistancemay be included as part of the incomeexamination to determine eligibility.

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Technical Assistance Collaborative, Inc. 73

Section 8 And Homeownership Assistance

Homeownership ExpensesHomeownership ExpensesHomeownership ExpensesHomeownership ExpensesHomeownership Expenses

TTTTThrough the Section 8 home-ownership program, a PHA provides

a monthly homeownership assistancepayment that is usually equal tothe difference between 30percent of the household’smonthly adjusted income andthe Section 8 payment standard,

or the difference between 30percent of the household’s monthlyadjusted income and monthly homeown-ership expenses — whichever is lesslesslesslessless. ThePHAs may make payments directly tothe homeowner or directly to the bank.

Under HUD rules, homeownershipexpenses may include:

•••••Mortgage payments

••••• Insurance

•••••Utilities

•••••Maintenance costs

••••• Condominium fees

•••••Other related expenses

In addition, as a reasonableaccommodation, PHAs can include thecost of debt incurred to finance work

to make the unit accessible for afamily member with disabilitieswhen calculating the monthlyhomeownership expenses. Forexample, the cost of installing a

wheelchair ramp can be taken intoaccount when the PHA is determiningthe amount of eligible homeownershipexpenses.

Length of AssistanceLength of AssistanceLength of AssistanceLength of AssistanceLength of Assistance

TTTTThe maximum term of assistancethrough the Section 8 homeown-

ership program is 15 years if using amortgage with a term of 20 years ormore. Otherwise the maximum term is10 years. However, there is no limitHowever, there is no limitHowever, there is no limitHowever, there is no limitHowever, there is no limit

on the term of assistanceon the term of assistanceon the term of assistanceon the term of assistanceon the term of assistanceto disabled households.to disabled households.to disabled households.to disabled households.to disabled households.This provision includes thosehouseholds in which the head

of household or spouse be-comes disabled while receiving

homeownership assistance through theSection 8 homeownership program.

If a household receiving Section 8homeownership assistance defaults ontheir mortgage, PHAs may allow thehousehold to convert the homeown-ership assistance back to rentalassistance.

Eligible HomesEligible HomesEligible HomesEligible HomesEligible Homes

OOOOOnly single family homes, condomin-iums, and cooperatives are eligible

housing for Section 8 homeownershipassistance. Units that were rehabili-tated or developed with other stateor federal funds are also eligible.

In order to receive assistance, ahome must pass both a HUD HQSinspection and an independent homeinspection before purchase. PHAsperform the HQS inspection. Thehomebuyer is responsible for arrangingand paying for the independent homeinspection. PHAs may — but are notrequired to — perform annual HQSinspections after the home ispurchased.

Financing RequirementsFinancing RequirementsFinancing RequirementsFinancing RequirementsFinancing Requirements

PPPPPHAs that implement a home-ownership program can use HUD’s

down payment guidelines — whichrequire a minimum of three percent ofthe purchase price of the home as adown payment including at least onepercent of the family’s own resources— or can establish its own standards.

In addition to these down paymentrequirements, PHAs can adopt their

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74 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

own mortgage financing stan-dards. To facilitate accessby households to mortgagefinancing, the PHA’s stan-dards should be consistentwith Federal Home Adminis-

tration, lender, and/or secondarymarket requirements.

The household is responsible forsecuring its own financing for thehome purchase. This means that thehousehold — not the PHA — needs toidentify funds to cover the downpayment and closing costs and secure amortgage from a lending institution.

PHAs should be encouraged todevelop their Section 8 homeownershipprograms in conjunction with downpayment assistance and mortgagefinancing opportunities targeted tolow-income households. For example,the PHA could establish linkages tostate or local HOME program activitiesused for down payment assistance orlow-interest mortgages with local bankswilling to participate.

In recent years, there have beenspecial mortgage products developedspecifically for low-income people with

disabilities. For example, FannieMae created the HomeChoicemortgage product that isexclusively for people withdisabilities.2 Some state and

local governments have alsodesigned unique mortgage products.These existing state and local home-ownership initiatives may already belinked to agencies providing assistancewith down payment, closing costs, orother homeownership related expenses.The disability community shouldencourage PHAs to link Section 8homeownership programs to theseinitiatives in order to facilitateaccess to other government housingresources.

Section 8 HomeownershipSection 8 HomeownershipSection 8 HomeownershipSection 8 HomeownershipSection 8 HomeownershipDemonstration ProgramDemonstration ProgramDemonstration ProgramDemonstration ProgramDemonstration Program

IIIIIn a departure from its usual prac-tice, HUD gave a few PHAs permission

to begin Section 8 homeownershipdemonstration programs a yearbefore it permitted all PHAsacross the nation to offerSection 8 homeownershipassistance. Under policies

outlined in HUD’s 2000 pro-posed regulations for Section 8homeownership assistance, PHAs wereinvited to apply to HUD for approval toadminister the homeownership programusing the policies suggested in HUD’sproposed rules, rather than waiting forthe publication of the final rules.

HUD initiated these demonstrationprograms as a way to evaluate thepotential effectiveness of usingSection 8 funds for homeownershippurposes. Approximately 15 PHAsparticipated in this demonstrationprogram and created Section 8 home-ownership programs that may actuallybe more flexible than those nowpermitted under the final regulations.

Pilot Program forPilot Program forPilot Program forPilot Program forPilot Program forHomeownership AssistanceHomeownership AssistanceHomeownership AssistanceHomeownership AssistanceHomeownership Assistancefor Disabled Familiesfor Disabled Familiesfor Disabled Familiesfor Disabled Familiesfor Disabled Families

OOOOOn June 22, 2001 HUD also pub-lished a rule to allow PHAs to

establish a Section 8 Pilot Programfor Homeownership Assistancefor Disabled Families. PHAscan offer this Pilot Program inaddition to the conventionalhomeownership assistance, or

can choose to limit its home-ownership activities to either of thetwo programs.

Chapter 10

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Technical Assistance Collaborative, Inc. 75

Section 8 And Homeownership Assistance

Eligibility Criteria for theEligibility Criteria for theEligibility Criteria for theEligibility Criteria for theEligibility Criteria for thePilot ProgramPilot ProgramPilot ProgramPilot ProgramPilot Program

TTTTTo be eligible for the Pilot Program,a household must:

• Meet the Section 8definition of adisabled family;

• Meet the eligibilityrequirements for theconventional homeownershipprogram (as described on page 71)with one important exception:

� The household may have anannual income at the time ofadmission to the Pilot Programthat is higherhigherhigherhigherhigher than theSection 8 income limits, aslong as it is below 99 percentof the area median income.

As a result of this Pilot Program,Section 8 homeownership assistancemay be available to more people withdisabilities with higher incomes — afeature not available in the standardSection 8 rental assistance program.According to HUD rules, PHAs thatestablish a Pilot Program can target itto people with disabilities with incomesbetween the federal minimum incomerequirement for homeownership assis-tance (currently $6,624) and up to 99percent of the area median income.For example, a PHA in Memphis, TNadministering a Pilot Program couldassist a person with an income as highas $39,699.3

Amount of HomeownershipAmount of HomeownershipAmount of HomeownershipAmount of HomeownershipAmount of HomeownershipAssistanceAssistanceAssistanceAssistanceAssistance

TTTTThrough the Pilot Program, theamount of homeownership assistance

provided by the PHA still depends onthe household’s income since house-

holds are required to pay approximately30 percent of their monthly adjustedincome towards homeownership ex-penses. Disabled households with theminimum income of $6,624 will qualifyfor much higher Section 8 homeowner-ship assistance payments than disabledhouseholds with incomes at 80 or 90percent of median income.

How to Start aHow to Start aHow to Start aHow to Start aHow to Start aHomeownership ProgramHomeownership ProgramHomeownership ProgramHomeownership ProgramHomeownership Program

TTTTThe first step to establishing aSection 8 homeownership program

or Pilot Program is to meet with thelocal PHA and express supportfor using Section 8 assistancefor homeownership. Beforemeeting with PHA staff, ithelps to review the PHA Plan

(discussed in chapter 2). ThePHA Plan should document a PHA’sintention to implement a Section 8homeownership program. In the future,a PHA may amend its PHA Plan toindicate plans to administer a Section 8homeownership program. A PHA willalso be required to amend its Section 8Administrative Plan before starting ahomeownership program.

It may also be helpful to meet withany local housing counseling agenciesand/or homeownership coalitions toexplore the potential for developingpartnerships with the PHA. Thesepartnerships could strengthen thedisability community’s ability toadvocate with a PHA to start a Section8 homeownership program as well ashelp to obtain other homeownershipresources. For example, through thesepartnerships, households receivingSection 8 homeownership assistancemay be able to tap into down paymentassistance funding already set asidefor low-income households.

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76 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Chapter 10 SummaryChapter 10 SummaryChapter 10 SummaryChapter 10 SummaryChapter 10 Summary• On September 12, 2000, HUD published a final rule allowing PHAs to

establish a Section 8 homeownership program. Through this program,Section 8 households can use their housing assistance payments towardshomeownership expenses. Two years later, on October 18, 2002, HUDpublished some amendments to the final rule that changed some of theprogram guidelines, especially for people with disabilities.

• PHAs are not required to administer a Section 8 homeownership program.PHAs do not receive any additional funding if they decide to offer this option.

• There are two separate HUD-established minimum income requirements —one for disabled households and one for non-disabled households. Theemployment and first-time homeowner requirements may be waived as areasonable accommodation for a person with a disability.

• Through the Section 8 homeownership program, a PHA will provide amonthly homeownership assistance payment equal to the differencebetween 30 percent of the household’s monthly adjusted income and theSection 8 payment standard, or the difference between 30 percent of thehousehold’s monthly adjusted income and monthly homeownership expenses— whichever is less. The PHAs may make payments directly to thehomeowner or directly to the bank.

• As a reasonable accommodation, PHAs can include the cost of debtincurred to finance work to make the unit accessible for a family memberwith disabilities when computing the monthly homeownership expenses.

• A home must pass both a HUD HQS inspection and an independent homeinspection before purchase.

• On June 22, 2001 HUD also published a rule to allow PHAs to establish aSection 8 Pilot Program for Homeownership Assistance for DisabledFamilies. PHAs can offer this Pilot Program in addition to the conventionalhomeownership assistance, or can choose to limit its homeownershipactivities to either of the two programs.

• To be eligible for the Pilot Program, a household must: meet the Section 8definition of a disabled family; and meet the eligibility requirements forthe conventional homeownership program. However, a household may havean annual income at the time of admission to the Pilot Program that ishigher than the Section 8 income limits, as long as it is below 99 percentof the area median income.

Chapter 10

1 The Family Self Sufficiency program links Section 8 households with education and other support services to helpthem move from assisted housing. The program establishes an escrow account for participating households. ThePHA forbears on raising a household’s total tenant payment when there are increases in the household’s income,and instead makes the deposits into the escrow account.

2 For more information on the Fannie Mae HomeChoice mortgage product go to www.fanniemae.com.

3 The 2003 median income for Memphis for a one-person household was $40,100. 99 percent of $40,100 is equal to$39,699.

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Appendix AAppendix AAppendix AAppendix AAppendix A

Glossary of Section 8 TermsGlossary of Section 8 TermsGlossary of Section 8 TermsGlossary of Section 8 TermsGlossary of Section 8 Terms

AbsorptionAbsorptionAbsorptionAbsorptionAbsorption — The point at which a PHAreceiving a household that has moved intoits area stops billing the initial PHA forassistance on behalf of the household.The receiving PHA uses funds availableunder its Annual Contributions Contract.

Administrative FeeAdministrative FeeAdministrative FeeAdministrative FeeAdministrative Fee — Fee paid by HUD tothe PHA for administration of the program.

AdmissionAdmissionAdmissionAdmissionAdmission — The effective date of the firstHAP contract for a household (first day ofinitial lease term). This is the point when thehousehold becomes a participant in the program.

Annual Contributions Contract (ACC)Annual Contributions Contract (ACC)Annual Contributions Contract (ACC)Annual Contributions Contract (ACC)Annual Contributions Contract (ACC) — Awritten contract between HUD and a PHA.Under the contract HUD agrees to providefunding for operation of the program, and thePHA agrees to comply with HUD requirementsfor the program.

Annual Gross IncomeAnnual Gross IncomeAnnual Gross IncomeAnnual Gross IncomeAnnual Gross Income — The anticipated totalincome received by the head of household,spouse (even if temporarily absent), and byeach additional member of the household.This includes all net income derived fromassets for the 12-month period followingthe effective date of the certification orreview of income, exclusive of income thatis temporary, nonrecurring, or sporadic.

Applicable Payment StandardApplicable Payment StandardApplicable Payment StandardApplicable Payment StandardApplicable Payment Standard — The paymentstandard that applies to a given household,based on its size and composition.

Applicant (Applicant Household)Applicant (Applicant Household)Applicant (Applicant Household)Applicant (Applicant Household)Applicant (Applicant Household) — A householdthat has applied for admission to the program,but is not yet a participant in the program.

Childcare ExpensesChildcare ExpensesChildcare ExpensesChildcare ExpensesChildcare Expenses — Amounts anticipatedto be paid by the household for the care ofchildren 12 years of age and under during theperiod of which annual income is computed. Thisapplies only where such care is necessary toenable a household member to be gainfullyemployed or to further his or her education, andonly to the extent that such amounts are nototherwise reimbursed. The amount deducted

Glossary of Section 8 Terms

shall reflect reasonable charges for child-care, and, in the case of childcare necessaryto permit employment, the amount deductedshall not exceed the amount of incomereceived from such employment.

DependentDependentDependentDependentDependent — A member of the household(excluding foster children) other than the heador spouse who is: under 18 years of age; a personwith a disability; or a full-time student.

Disability Assistance ExpensesDisability Assistance ExpensesDisability Assistance ExpensesDisability Assistance ExpensesDisability Assistance Expenses — Anticipatedreasonable expenses for attendant care andauxiliary apparatus for a handicapped or disabledhousehold member that are necessary to enablea household member (including the handicappedor disabled member) to be employed.

Disabled FamilyDisabled FamilyDisabled FamilyDisabled FamilyDisabled Family or Household or Household or Household or Household or Household — A disabledfamily or household is defined as:

1.1.1.1.1. A group of persons consisting of two ormore unrelated people with disabilitiesliving together;

2.2.2.2.2. One or more unrelated people withdisabilities living with one or morelive-in aides;

3.3.3.3.3. A related family where the head ofhousehold, co-head, or spouse is a personwith a disability; or

4.4.4.4.4. Two or more related people with disabilities.

Disabled PersonDisabled PersonDisabled PersonDisabled PersonDisabled Person — See “Person with a Disability”

Drug-Related Criminal ActivityDrug-Related Criminal ActivityDrug-Related Criminal ActivityDrug-Related Criminal ActivityDrug-Related Criminal Activity — This termmeans:

1.1.1.1.1. Drug-trafficking; or

2.2.2.2.2. Illegal use, or possession for personal use,of a controlled substance [as defined inSection 102 of the Controlled SubstancesAct (21 U.S.C. 802].

Drug-TraffickingDrug-TraffickingDrug-TraffickingDrug-TraffickingDrug-Trafficking — The illegal manufacture,sale or distribution, or the possession with intentto manufacture, sell or distribute, of a controlledsubstance [as defined in Section 102 of theControlled Substances Act (21 U.S.C. 802].

This glossary contains definitions of specific technical Section 8 terms.This glossary contains definitions of specific technical Section 8 terms.This glossary contains definitions of specific technical Section 8 terms.This glossary contains definitions of specific technical Section 8 terms.This glossary contains definitions of specific technical Section 8 terms.These terms are often used by PHAs and may be useful when navigatingThese terms are often used by PHAs and may be useful when navigatingThese terms are often used by PHAs and may be useful when navigatingThese terms are often used by PHAs and may be useful when navigatingThese terms are often used by PHAs and may be useful when navigatingthrough the Section 8 program.through the Section 8 program.through the Section 8 program.through the Section 8 program.through the Section 8 program.

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Appendix A

Earned IncomeEarned IncomeEarned IncomeEarned IncomeEarned Income — Income from wages, tips,salaries, other employee compensation, andany earnings from self-employment.

EligibilityEligibilityEligibilityEligibilityEligibility — The PHA may only admit an eligiblefamily to the Section 8 program. To be eligible,the applicant must be a “family,” must be income-eligible, must be a citizen or a non-citizen who haseligible immigration status as determined in accor-dance with 24 CFR part 5, and must be in goodstanding with the PHA.

Fair Market Rent (FMR) Fair Market Rent (FMR) Fair Market Rent (FMR) Fair Market Rent (FMR) Fair Market Rent (FMR) — The rent, includingthe cost of utilities (except telephone), thatwould be required to be paid in the housingmarket area to obtain privately owned, existing,decent, safe, and sanitary rental housing of modest(non-luxury) nature with suitable amenities.Fair Market Rents for existing housing areestablished by HUD for housing units of varyingsizes (number of bedrooms), and are publishedannually in the Federal Register in accordancewith 24 CFR part 888.

FamilyFamilyFamilyFamilyFamily —

1.1.1.1.1. A single person family such as:

a) An elderly person;

b) A person with a disability; or

c) Any other single person.

2.2.2.2.2. A group of people consisting of two or moreunrelated elderly or disabled people livingtogether (see “Unrelated Disabled Family”),or one or more elderly or disabled peopleliving with one or more live-in aides.

3.3.3.3.3. A “family” with a child or children.

A “disabled family” must include an adulthousehold member with a disability.

Family Unit Size Family Unit Size Family Unit Size Family Unit Size Family Unit Size — The appropriate numberof bedrooms for a household. Family unit sizeis determined by the PHA under the PHAsubsidy standards and outlined in itsSection 8 Administrative Plan.

Full-Time StudentFull-Time StudentFull-Time StudentFull-Time StudentFull-Time Student — A person who is carrying asubject load that is considered full-time for aday student under the standards and practicesof the educational institution attended. Aneducational institution includes a vocationalschool with a diploma or certificate program, aswell as an institution offering a college degree.

Housing Assistance PaymentHousing Assistance PaymentHousing Assistance PaymentHousing Assistance PaymentHousing Assistance Payment — The monthlyassistance payment made by a PHA to an owner.

Housing Assistance Payment Contracts (HAPHousing Assistance Payment Contracts (HAPHousing Assistance Payment Contracts (HAPHousing Assistance Payment Contracts (HAPHousing Assistance Payment Contracts (HAPContract)Contract)Contract)Contract)Contract) — A written contract between a PHAand an owner, in the form prescribed by HUD,in which the PHA agrees to make housing

assistance payments to the owner on behalfof an eligible household.

Housing Choice VoucherHousing Choice VoucherHousing Choice VoucherHousing Choice VoucherHousing Choice Voucher — Section 8 voucher.

Housing Quality Standard (HQS)Housing Quality Standard (HQS)Housing Quality Standard (HQS)Housing Quality Standard (HQS)Housing Quality Standard (HQS) — The HUDminimum quality standards for housing assistedunder the Section 8 program. See 24 CFR982.401 for specifics.

HouseholdHouseholdHouseholdHouseholdHousehold — Family members and others wholive under the same roof.

HUD RequirementsHUD RequirementsHUD RequirementsHUD RequirementsHUD Requirements — HUD requirements forthe Section 8 program. HUD requirements areissued by HUD headquarters as regulations,rules, Federal Register notices, or otherbinding program directives.

Initial Contract RentInitial Contract RentInitial Contract RentInitial Contract RentInitial Contract Rent — The contract rent atthe beginning of the initial lease term.

Initial PHAInitial PHAInitial PHAInitial PHAInitial PHA — In portability, the term refersto both:

1.1.1.1.1. A PHA that originally selected a householdthat subsequently decides to move out ofthe jurisdiction of the selecting PHA.

2.2.2.2.2. A PHA absorbed family that subsequentlydecides to move out of the jurisdiction ofthe selecting PHA.

Initial Lease Term Initial Lease Term Initial Lease Term Initial Lease Term Initial Lease Term — The initial term of theassisted lease.

Initial Rent to Owner Initial Rent to Owner Initial Rent to Owner Initial Rent to Owner Initial Rent to Owner — The rent to owner atthe beginning of the initial lease term.

Interim Examination/CertificationInterim Examination/CertificationInterim Examination/CertificationInterim Examination/CertificationInterim Examination/Certification — Recer-tifying a household’s eligibility for the Section 8program before his/her annual recertification.Interim exams occur when there is a change inthe household’s income, household composition,or other critical factors that could influencethe total tenant payment or a household’seligibility.

JurisdictionJurisdictionJurisdictionJurisdictionJurisdiction — The area in which the PHA hasauthority under applicable state and local lawsto administer the program.

LeaseLeaseLeaseLeaseLease — A written agreement between an ownerand a tenant for the leasing of a dwelling unit tothe tenant. The lease establishes the conditionsfor occupancy of the dwelling unit by a household.

Live-in AideLive-in AideLive-in AideLive-in AideLive-in Aide — A person who resides withan elderly person or person(s) with a disabilityand who:

1.1.1.1.1. Is determined to be essential to the care andwell-being of the person(s);

2.2.2.2.2. Is not obligated for the support of theperson(s); and

3.3.3.3.3. Would not be living in the unit except toprovide the necessary supportive services.

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HUD rules currently do not specifically addressresidential supportive services staff that maybe needed for the overnight care of a personwith disabilities. However, as a reasonableaccommodation, it may be possible to considerthis staff member a live-in aide.

Local PreferencesLocal PreferencesLocal PreferencesLocal PreferencesLocal Preferences — Section 8 waiting listpreferences established by the PHA.

OwnerOwnerOwnerOwnerOwner — Any person or entity with the legalright to lease or sublease a unit to a household.

Participant (Participant Family or Household)Participant (Participant Family or Household)Participant (Participant Family or Household)Participant (Participant Family or Household)Participant (Participant Family or Household) —A household that has been admitted to theSection 8 program and is currently assisted inthe program. The household becomes aparticipant on the effective date of the firstHAP contract executed by the PHA for thehousehold (first day of initial lease term).

Payment StandardPayment StandardPayment StandardPayment StandardPayment Standard — An amount used bythe PHA to calculate the housing assistancepayment for a family. The PHA adopts apayment standard for each bedroom sizeand for each Fair Market Rent area in thePHA jurisdiction. The payment standardfor a household is the maximum monthlysubsidy payment.

Person with a Disability Person with a Disability Person with a Disability Person with a Disability Person with a Disability — An individual who:

1:1:1:1:1: Has a disability as defined in Section 223of the Social Security Act; OROROROROR

2:2:2:2:2: Is determined to have a physical oremotional impairment that is expected tobe of long-continued and indefiniteduration; and

• Substantially impedes his/her ability tolive independently; and

• Is of such a nature that such ability couldbe improved by more suitable housingconditions; OROROROROR

3:3:3:3:3: Has a developmental disability as definedin Section 102 of the Developmental Disa-bilities Assistance and Bill of Rights Act.

Public Housing Agency (PHA)Public Housing Agency (PHA)Public Housing Agency (PHA)Public Housing Agency (PHA)Public Housing Agency (PHA) — An organizationthat enters into a contract directly with HUDto administer the Section 8 program.

Public Housing AuthorityPublic Housing AuthorityPublic Housing AuthorityPublic Housing AuthorityPublic Housing Authority — A state, county,municipality, or other governmental entity orpublic body (or agency or instrumentalitythereof) authorized to engage in or assist in thedevelopment or operation of low-income housing,including an Indian public housing authority.

PortabilityPortabilityPortabilityPortabilityPortability — Renting a dwelling unit withSection 8 tenant-based assistance outside thejurisdiction of the initial PHA.

Reasonable RentReasonable RentReasonable RentReasonable RentReasonable Rent — A rent paid to the ownerthat is not more than either the:

1.1.1.1.1. Rent charged for comparable units in theprivate unassisted market; or

2.2.2.2.2. Rent charged by the owner for a comparableassisted or unassisted unit in the building orpremises.

Receiving PHAReceiving PHAReceiving PHAReceiving PHAReceiving PHA — In portability, a PHA thatreceives a household selected for participationin the tenant-based program of another PHA.The receiving PHA issues a voucher, andprovides rental assistance to the household.

Recertification/ReexaminationRecertification/ReexaminationRecertification/ReexaminationRecertification/ReexaminationRecertification/Reexamination — Recertifyingthat a household is still eligible for the Section8 program — including a review of income,household composition, and other applicablechanges — and making changes in the total tenantpayment and HAP when necessary. This is doneon at least an annual basis, with interim examsconducted when necessary due to changes.

Rental VoucherRental VoucherRental VoucherRental VoucherRental Voucher — Section 8 voucher.

Rent to OwnerRent to OwnerRent to OwnerRent to OwnerRent to Owner — The monthly rent payable tothe owner under the lease. Rent to ownerincludes payment for any services, maintenance,and utilities to be provided by the owner inaccordance with the lease.

Shared HousingShared HousingShared HousingShared HousingShared Housing — A housing unit occupied bytwo or more unrelated individuals or familiesconsisting of common space for shared use bythe occupants of the units and separate privatespace for each assisted family.

Subsidy StandardsSubsidy StandardsSubsidy StandardsSubsidy StandardsSubsidy Standards — Standards established bya PHA to determine the appropriate number ofbedrooms and amounts of subsidy for householdof different sizes and compositions. Seedefinition of “Family Unit Size”.

SuspensionSuspensionSuspensionSuspensionSuspension — Stopping the clock on the termof a household’s voucher from the time whenthe family submits a request for lease approvaluntil the time when the PHA approves or deniesthe request.

TenantTenantTenantTenantTenant — The person or people (other than alive-in aide) who executes the lease as lessee ofthe dwelling unit.

Tenant-BasedTenant-BasedTenant-BasedTenant-BasedTenant-Based — Rental assistance that is notattached to a structure.

Total Tenant PaymentTotal Tenant PaymentTotal Tenant PaymentTotal Tenant PaymentTotal Tenant Payment — The portion of theGross Rent payable by an eligible householdparticipating in the Section 8 program.

Transitional HousingTransitional HousingTransitional HousingTransitional HousingTransitional Housing — Temporary (generally upto 24 months) housing programs for homelessfamilies and individuals.

Glossary of Section 8 Terms

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Unrelated Disabled FamilyUnrelated Disabled FamilyUnrelated Disabled FamilyUnrelated Disabled FamilyUnrelated Disabled Family — A group of peopleconsisting of two or more unrelated people withdisabilities, or one or more unrelated peoplewith disabilities living with one or more live-inaide(s) on one lease.

Very Low-Income FamilyVery Low-Income FamilyVery Low-Income FamilyVery Low-Income FamilyVery Low-Income Family — A household whoseannual income does not exceed 50 percent ofthe median income for the area, as determinedby HUD, with adjustments for smaller andlarger families.

Violent Criminal ActivityViolent Criminal ActivityViolent Criminal ActivityViolent Criminal ActivityViolent Criminal Activity — Any illegal criminalactivity that has as one of its elements the use,attempted use, or threatened use of physicalforce against the person or property of another.

Voucher Holder Voucher Holder Voucher Holder Voucher Holder Voucher Holder — A household holding avoucher with unexpired search time.

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Vouchers forState PHA City People with Disabilities

Alabama Housing Authority of the City of Montgomery Montgomery 100

Housing Authority of Jefferson County Birmingham 93

Housing Authority of Leeds Leeds 1

Housing Authority of Walker County Dora 109

Mobile Housing Board Mobile 222

Arizona Arizona Behavioral Health Corporation Phoenix 75

City of Mesa Mesa 250

City of Phoenix Phoenix 275

Mohave County Housing Authority Kingman 50

Pima County Tucson 50

Arkansas Benton Housing Authority Benton 75

Conway County Housing Authority Morrilton 125

Jonesboro Urban Renewal Housing Authority Jonesboro 100

White River Regional Housing Authority Melbourne 100

California Alameda County Housing Authority Hayward 75

Anaheim Housing Authority Anaheim 250

Carlsbad Housing andRedevelopment Department Carlsbad 75

City of Fresno Housing Authority Fresno 75

City of Garden Grove Garden Grove 100

City of Long Beach Housing Authority Long Beach 200

City of Los Angeles Housing Authority Los Angeles 175

City of Napa Housing Authority Napa 30

City of Oceanside Oceanside 100

City of Redding Housing Authority Redding 34

City of San Jose Housing Authority San Jose 75

City of Santa Ana Housing Authority Santa Ana 100

City of Santa Barbara Housing Authority Santa Barbara 100

County of Contra Costa Housing Authority Martinez 200

County of Fresno Housing Authority Fresno 75

County of Los Angeles Housing Authority Monterey Park 100

County of Riverside Housing Authority Riverside 38

County of San Bernardino Housing Authority San Bernardino 175

County of Santa Clara Housing Authority San Jose 153

Appendix BAppendix BAppendix BAppendix BAppendix B

Public Housing Agencies With Section 8 VouchersPublic Housing Agencies With Section 8 VouchersPublic Housing Agencies With Section 8 VouchersPublic Housing Agencies With Section 8 VouchersPublic Housing Agencies With Section 8 VouchersTargeted To People With DisabilitiesTargeted To People With DisabilitiesTargeted To People With DisabilitiesTargeted To People With DisabilitiesTargeted To People With Disabilities

Public Housing Agencies With Section 8 Vouchers Targeted To People With Disabilities

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Appendix B

Housing Authority of the City of Encinitas Encinitas 50

Housing Authority of the City of Los Angeles Los Angeles 200

Imperial Valley Housing Authority Brawley 49

Kern County Housing Authority Bakersfield 225

Oakland Housing Authority Oakland 260

San Diego Housing Commission San Diego 200

San Francisco Housing Authority San Francisco 75

Santa Cruz County Housing Authority Capitola 100

Colorado Aurora Housing Authority Aurora 75

Boulder City Boulder 50

Boulder County Housing Authority Boulder 35

Center for People with Disabilities Boulder 75

Colorado Bluesky Enterprises, Inc. Pueblo 75

Colorado Department of Human Services Denver 960

Colorado Division of Housing Denver 350

Denver Housing Authority Denver 75

Fort Collins Housing Authority Fort Collins 100

Grand Junction Housing Authority Grand Junction 150

Jefferson County Housing Authority Wheatridge 175

Larimer County Housing Authority Fort Collins 65

Loveland Housing Authority Loveland 75

Connecticut Connecticut Department of Social Services Hartford 450

Danbury Housing Authority Danbury 202

Greenwich Housing Authority Greenwich 78

Manchester Housing Authority Manchester Town 36

Middletown Housing Authority Middletown 50

Naugatuck Housing Authority Naugatuck 20

New Britain Housing Authority New Britain 75

Norwalk Housing Authority South Norwalk 50

Waterbury Housing Authority Waterbury 151

West Haven Housing Authority West Haven 100

Winchester Housing Authority Winsted 20

Windsor Housing Authority Windsor Town 30

Windsor Locks Housing Authority Windsor Locks 32

Delaware Dover Housing Authority Dover 30

Wilmington Housing Authority Wilmington 150

District of Community Connections Washington 150Columbia District of Columbia Housing Authority Washington 347

Florida Alachua County Housing Authority Gainesville 75

Boley Centers for Behavioral Health Care, Inc. St. Petersburg 150

Broward County Housing Authority Lauderhill 75

City of Pensacola Pensacola 50

Clearwater Housing Authority Clearwater 75

Vouchers forState PHA City People with Disabilities

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Jacksonville Housing Authority Jacksonville 75

Hialeah Housing Authority Hialeah 298

Hillsborough County-BOCC Tampa 100

Housing Authority of Boca Raton Boca Raton 75

Housing Authority of Brevard County Merritt Island 200

Housing Authority of the City of Cocoa Merritt Island 75

Housing Authority of the City ofDaytona Beach Daytona Beach 30

Housing Authority of the City ofDeerfield Beach Deerfield Beach 52

Housing Partnership, Inc. West Palm Beach 75

Miami-Dade Housing Authority Miami 275

Orlando Housing Authority Orlando 300

Punta Gorda Housing Authority Punta Gorda 25

Tallahassee Housing Authority Tallahassee 75

Tampa Housing Authority Tampa 150

Titusville Housing Authority Titusville 75

West Palm Beach Housing Authority West Palm Beach 175

Georgia Georgia Department of Community Affairs Atlanta 75

Housing Authority of the City of Atlanta Atlanta 175

Housing Authority of the City of Decatur Decatur 75

Housing Authority of the City of Rome Rome 175

Rockmart Housing Authority Rockmart 58

Guam Guam Housing and Urban Renewal Authority Sinajana 175

Hawaii City and County of Honolulu Honolulu 175

Hawaii Housing and CommunityDevelopment Corporation Honolulu 175

Idaho Ada County Housing Authority Boise 100

Boise City Housing Authority Boise 100

Idaho Housing and Finance Association Boise 275

SW Idaho Cooperative Housing Authority Nampa 30

Illinois Chicago Housing Authority Chicago 722

Housing Authority of the County of Cook Chicago 75

Housing Authority of the County of Lake Grayslake 100

Peoria Housing Authority Peoria 100

Quincy Housing Authority Quincy 75

Springfield Housing Authority Springfield 75

Indiana Columbus Housing Authority Columbus 75

Crawfordsville Housing Authority Crawfordsville 60

Fort Wayne Housing Authority Fort Wayne 75

Goshen Housing Authority Goshen 80

Housing Authority of the City of Evansville Evansville 100

Housing Authority of the City of New Albany New Albany 200

Indiana Department of Human Services Indianapolis 200

Public Housing Agencies With Section 8 Vouchers Targeted To People With Disabilities

Vouchers forState PHA City People with Disabilities

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84 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Logansport Housing Authority Logansport 31

Noblesville Housing Authority Noblesville 75

Plymouth Housing Authority Plymouth 100

Iowa Cedar Rapids Housing Agency Cedar Rapids 100

Dubuque Department of Human Rights Dubuque 40

Iowa City Housing Authority Iowa City 100

Mid-Iowa Regional Housing Authority Fort Dodge 35

Northwest Iowa Regional Housing Authority Spencer 35

Sioux City Housing Services Division Sioux City 50

Waterloo Housing Authority Waterloo 100

Kansas Ellis County Housing Authority Hays 75

Johnson County Housing Authority Merriam 25

Lawrence Housing Authority Lawrence 80

Sek-Cap, Inc. Girard 75

Wichita Housing Authority Wichita 356

Kentucky City of Bowling Green Bowling Green 50

City of Louisville Louisville 100

Grayson-Carter County Housing Authority Russell 10

Greenup County Housing Authority Wurtland 75

Housing Authority of Floyd County Prestonsburg 25

Housing Authority of Jefferson County Louisville 100

Housing Authority of Louisville Louisville 30

Kentucky Housing Corporation Frankfort 275

Lexington-Fayette Urban CountyHousing Authority Lexington 25

Lousiana Community Support Programs Shreveport 58

Housing Authority of Jefferson Parish Marrero 275

Housing Authority of New Orleans New Orleans 25

Housing Authority of Pearl River Pearl River 25

Housing Authority of Shreveport Shreveport 200

Housing Authority of the City of Lafayette Lafayette 75

Pilgrim Rest Community Development Gretna 75

Terrebonne Parish Consolidated Government Houma 75

Town of Oberlin Oberlin 75

Maine Augusta Housing Authority Augusta 150

Brunswick Housing Authority Brunswick 30

Maine State Housing Authority Augusta 275

Westbrook Housing Authority Westbrook 175

Maryland Anne Arundel County Housing Authority Glen Burnie 100

Arc Northern Chesapeake Region Aberdeen 75

Baltimore County Housing Authority Towson 100

County Commissioners Charles County Port Tobacco 100

Frederick Housing Authority Frederick 50

Appendix B

Vouchers forState PHA City People with Disabilities

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Housing Authority of Baltimore City Baltimore 375

Housing Authority of the City of Rockville Rockville 50

Howard County Housing and CommunityDevelopment Columbia 25

Maryland Department of Housing andCommunity Development Crownsville 60

Montgomery County Housing Authority Kensington 400

St Mary’s County Commissioners Leonardtown 100

Massachusetts Acton Housing Authority Acton 15

Attleboro Housing Authority Attleboro 35

Barnstable Housing Authority Hyannis 200

Beverly Housing Authority Beverly 75

Boston Housing Authority Boston 500

Bridge of Central Massachusetts, Inc. Northboro 35

Brockton Housing Authority Brockton 100

Cambridge Housing Authority Cambridge 200

Chelmsford Housing Authority Chelmsford 150

Community Team Work, Inc. Lowell 48

Dedham Housing Authority Dedham 175

Framingham Housing Authority Framingham 150

Franklin County Regional Housing Authority Turners Falls 25

Greater Lynn Mental Health andRetardation Association Lynn 75

Lawrence Housing Authority Lawrence 25

Lowell Housing Authority Lowell 75

Massachusetts Department of Housingand Community Development Boston 875

Methuen Housing Authority Methuen 135

Middlesex North Resource Center Lowell 75

Norwood Housing Authority Norwood 40

Peabody Housing Authority Peabody 75

Plymouth Housing Authority Plymouth 40

Quincy Housing Authority Quincy 100

Sandwich Housing Authority Sandwich 25

Somerville Housing Authority Somerville 250

Springfield Housing Authority Springfield 75

Taunton Housing Authority Taunton 300

The Bridge of Central Mass, Inc. Northboro 35

Wakefield Housing Authority Wakefield 111

Westfield Housing Authority Westfield 25

Worcester Housing Authority Worcester 100

Yarmouth Housing Authority South Yarmouth 60

Michigan Ann Arbor Housing Community Development Ann Arbor 100

Battle Creek Housing Commission Battle Creek 100

Bay City Housing Authority Bay City 50

Dearborn Heights Housing Commission Dearborn Heights 100

Public Housing Agencies With Section 8 Vouchers Targeted To People With Disabilities

Vouchers forState PHA City People with Disabilities

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86 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Dearborn Housing Commission Dearborn 50

Grand Rapids Housing Commission Grand Rapids 100

Greenville Housing Commission Greenville 45

Housing Services for Eaton County Charlotte 75

Ingham County Housing Commission Okemos 100

Livonia Housing Commission Livonia 25

Madison Heights Housing Commission Madison Heights 50

Michigan State HousingDevelopment Authority Lansing 200

Montcalm County Housing Commission Howard City 100

Plymouth Housing Commission Plymouth 100

Redford Township Housing Commission Redford Township 50

Wyoming Housing Commission Wyoming 100

Minnesota City of St. Paul PHA St. Paul 100

Mental Health Resources, Inc. Eagan 75

Metropolitan Council St. Paul 200

Minneapolis Public Housing Authority/City of Minneapolis Minneapolis 400

Plymouth Housing Redevelopment Authority Plymouth 30

Scott Carver Dakota CAP Agency Shakopee 50

South Metro Human Services St. Paul 75

Mississippi Mississippi Regional Housing Authority No. V Newton 75

Mississippi Regional Housing Authority No. VI Jackson 75

Missouri Community Housing Network Kansas City 75

Franklin County Public Housing Agency Hillsboro 46

Kansas City Housing Authority Kansas City 300

Lincoln County Public Housing Agency Bowling Green 100

Ripley County Public Housing Authority Poplar Bluff 50

St. Louis County Housing Authority St. Louis 100

Montana Butte Housing Authority Butte 10

Nebraska Douglas County Housing Authority Omaha 125

Omaha Housing Authority Omaha 100

Nevada Accessible Space, Inc. Las Vegas 75

City of Las Vegas Housing Authority Las Vegas 1,175

City of Reno Housing Authority Reno 75

County of Clark Housing Authority Las Vegas 333

Nevada Rural Housing Authority Carson City 225

North Las Vegas Housing Authority North Las Vegas 71

New Hampshire Dover Housing Authority Dover 30

Keene Housing Authority Keene 50

Harbor Homes, Inc. Nashua 75

Lebanon Housing Authority West Lebanon 14

Appendix B

Vouchers forState PHA City People with Disabilities

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Technical Assistance Collaborative, Inc. 87

Vouchers forState PHA City People with Disabilities

New Jersey Atlantic City Housing Authority Atlantic City 75

Bergen County Housing Authority Hackensack 175

Carteret Housing Authority Carteret 150

Clementon Housing Authority Clementon 20

Collaborative Support Programs ofNew Jersey, Inc. Freehold 75

County of Middlesex New Brunswick 100

Elizabeth Housing Authority Elizabeth 50

Housing Authority of Gloucester County Woodbury 130

Hunterdon County Housing Authority Flemington 50

Jersey City Housing Authority Jersey City 200

Lakewood Housing Authority Lakewood 68

Millville Housing Authority Millville 60

Monmouth County Housing Authority Freehold 175

Newark Housing Authority Newark 75

New Jersey Department of Community Affairs Trenton 216

Paterson Housing Authority Paterson 150

Somerville Housing Authority Somerville 10

New Mexico Albuquerque Housing Authority Albuquerque 149

Barrier Free Futures, Inc. Santa Fe 20

Bernalillo County Housing Department Albuquerque 244

Las Cruces Housing Authority Las Cruces 100

Truth or Consequences Housing Authority Truth or Consequences 48

New York Albany Housing Authority Albany 75

Amsterdam Housing Authority Amsterdam 25

Buffalo Municipal Housing Authority Buffalo 200

City of Buffalo Buffalo 200

City of Johnstown Johnstown 75

City of Oswego Oswego 30

City of Utica Utica 100

Gloversville Housing Authority Gloversville 30

Mercy Haven Islip Terrace 36

New York City Department of HousingPreservation/Development New York 100

New York City Housing Authority New York 1,150

New York State Division of Housing andCommunity Renewal Bronx 150

New York State Housing Finance Agency New York 200

New York Society for the Deaf New York City 150

Newark Housing Authority Newark 75

Norwich Housing Authority Norwich 20

Options for Community Living Smithtown 75

Port Jervis Port Jervis 15

Rochester Housing Authority Rochester 230

Public Housing Agencies With Section 8 Vouchers Targeted To People With Disabilities

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88 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Schenectady Housing Authority Schenectady 100

Southern Tier Environment for Living Jamestown 25

Syracuse Housing Authority Syracuse 135

Town of Amherst Williamsville 250

Town of Bethlehem Schenectady 10

Town of Coeymans Schenectady 10

Town of Colonie Schenectady 30

Town of Guilderland Schenectady 10

Town of Niskayuna Schenectady 10

Town of Rotterdam Schenectady 20

Town of Stillwater Stillwater 10

Transitional Services for Long Island, Inc. Center Reach 75

Village of Kiryas Joel Housing Authority Monroe 50

North Carolina Carteret (Coastal) Community Action Beaufort 50

Eastern Carolina Human Services Agency Jacksonville 75

Franklin Vance Warren Opportunity Inc. Henderson 150

Housing Authority of Asheville Asheville 75

Housing Authority of Charlotte Charlotte 275

Housing Authority of Durham Durham 200

Housing Authority of Greensboro Greensboro 450

Housing Authority of High Point High Point 50

Housing Authority of Lexington Lexington 50

Housing Authority of Northwestern Regional Boone 64

Housing Authority of Wake County Zebulon 100

Housing Authority of Winston-Salem Winston-Salem 451

Town of East Spencer East Spencer 50

Western Carolina Community Action Hendersonville 30

North Dakota Minot Housing Authority Minot 75

Ohio Ashtabula Metropolitan Housing Authority Ashtabula 60

Bowling Green Metropolitan Housing Authority Bowling Green 20

Brown Metropolitan Housing Authority Georgetown 7

Butler Metropolitan Housing Authority Hamilton 100

Chillicothe Metropolitan Housing Authority Chillicothe 50

City of Middletown Middletown 475

Clermont Metropolitan Housing Authority Batavia 75

Columbiana Metropolitan Housing Authority East Liverpool 75

Columbus Metropolitan Housing Authority Columbus 880

Cuyahoga Metropolitan Housing Authority Cleveland 475

Dayton Metropolitan Housing Authority Dayton 175

Delaware Metropolitan Housing Authority Delaware 95

Fairfield Metropolitan Housing Authority Lancaster 20

Fayette Metropolitan Housing Authority Washington C.H. 75

Hancock Metropolitan Housing Authority Findlay 675

Highland Housing Authority Highland 50

Appendix B

Vouchers forState PHA City People with Disabilities

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Technical Assistance Collaborative, Inc. 89

Jackson County Housing Authority Wellston 100

Jefferson Metropolitan Housing Authority Steubenville 200

Licking Metropolitan Housing Authority Newark 240

Lorain Metropolitan Housing Authority Lorain 75

Lucas Metropolitan Housing Authority Toledo 150

Marion Metropolitan Housing Authority Mansfield 150

Medina Metropolitan Housing Authority Medina 10

Morrow Metropolitan Housing Authority Marion 30

New Avenues for Independence Cleveland 75

Pickaway Metropolitan Housing Authority Circleville 41

Portage Metropolitan Housing Authority Ravenna 75

Seneca Metropolitan Housing Authority Mansfield 20

Springfield Metropolitan Springfield 250

Stark Metropolitan Housing Authority Canton 100

Tuscarawas Metropolitan Housing Authority New Philadelphia 30

Warren Metropolitan Housing Authority Lebanon 75

Zanesville Metropolitan Housing Authority Zanesville 50

Oklahoma Muskogee Housing Authority Muskogee 200

Oklahoma City Housing Authority Oklahoma City 225

Tulsa Housing Authority Tulsa 100

Oregon Central Oregon Regional Housing Authority Redmond 200

Clackamas County Housing Authority Oregon City 75

Coos-Curry Housing Authority North Bend 50

Housing Authority of Douglas County Roseburg 35

Housing Authority of Jackson County Medford 175

Housing Authority of Portland Portland 100

Housing Authority of the City of Salem Salem 194

Housing Authority of Yamhill County McMinnville 175

Josephine Housing and Community Grants Pass 75

Linn-Benton Housing Authority Albany 100

NW Oregon Housing Association Astoria 75

Pennsylvania Blair County Housing Authority Hollidaysburg 47

Bucks County Housing Authority Doylestown 150

Butler County Housing Authority Butler 275

Carbon County Housing Authority Lehighton 15

Chester Housing Authority Chester 23

Clarion County Housing Authority Clarion 100

Delaware County Housing Authority Woodlyn 75

Harrisburg Housing Authority Harrisburg 150

Housing Authority of Union County Lewisburg 25

Lackawanna County Housing Authority Dunmore 100

Lancaster County Housing Authority Lancaster 50

Lehigh County Housing Authority Emmaus 290

Public Housing Agencies With Section 8 Vouchers Targeted To People With Disabilities

Vouchers forState PHA City People with Disabilities

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90 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Monroe County Housing Authority Stroudsburg 25

Northampton County Housing Authority Nazareth 10

Philadelphia Housing Authority Philadelphia 1,075

Venango County Housing Authority Oil City 50

Warren County Housing Authority Warren 25

Rhode Island Coventry Housing Authority Coventry 100

Cumberland Housing Authority Cumberland 52

East Providence Housing Authority East Providence 40

Gateway Health Care, Inc. Pawtucket 55

Johnston Housing Authority Johnston 50

Kent County Mental Health Center, Inc. Warwick 75

Newport Housing Authority Newport 100

North Providence Housing Authority North Providence 25

Pawtucket Housing Authority Pawtucket 75

Rhode Island Housing MortgageFinance Corporation Providence 275

Woonsocket Housing Authority Woonsocket 35

South Carolina Housing Authority of the City of Beaufort Beaufort 10

Housing Authority of the City of Columbia Columbia 100

Housing Authority of the City ofMyrtle Beach Myrtle Beach 69

South Carolina State Housing Finance andDevelopment Authority Columbia 200

South Dakota Butte County Housing and RedevelopmentCommission Sturgis 20

Huron Housing and RedevelopmentCommission Huron 42

Pennington County Housing andRedevelopment Commission Rapid City 150

Sioux Falls Housing and RedevelopmentCommission Sioux Falls 100

Yankton Housing and RedevelopmentCommission Yankton 57

Tennessee Chattanooga Housing Authority Chattanooga 275

Housing Authority of Crossville Crossville 12

Housing Authority of Oak Ridge Oak Ridge 40

Knoxville Community Development Corp. Knoxville 265

Metropolitan Development and HousingAgency Nashville-Davidson 675

Texas Arlington Housing Authority Arlington 175

Austin Housing Authority Austin 59

City of Amarillo Amarillo 130

Corpus Christi Housing Authority Corpus Christi 100

Corsicana Housing Authority Corsicana 75

Appendix B

Vouchers forState PHA City People with Disabilities

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Technical Assistance Collaborative, Inc. 91

Deep East Texas Council of Governments Jasper 150

Housing Authority of Dallas Dallas 175

Housing Authority of El Paso El Paso 75

Housing Authority of Fort Worth Fort Worth 100

Housing Authority of Lubbock Lubbock 100

Housing Authority of Montgomery County Conroe 75

Housing Authority of San Angelo San Angelo 20

Housing Authority of the City of Houston Houston 225

Housing Authority of Walker County Huntsville 45

San Antonio Housing Authority San Antonio 175

Tarrant County Fort Worth 175

Texoma Council of Governments Sherman 50

Travis County Housing Authority Austin 75

Utah Bear River Housing Authority Logan 75

Beaver County Housing Authority Beaver 15

Cedar City Housing Authority Cedar City 60

Davis County Housing Authority Farmington 75

Housing Authority of the City of Provo Provo 50

Housing Authority of the County of Salt Lake Salt Lake City 25

Housing Authority of Salt Lake City Salt Lake City 375

Logan City Housing Authority Logan 150

Utah County Housing Authority Provo 100

West Valley City Housing Authority West Valley City 100

Vermont Brattleboro Housing Authority Brattleboro 75

Burlington Housing Authority Burlington 627

Vermont State Housing Authority Montpelier 275

Winooski Housing Authority Winooski 70

Virginia Accomack — Northampton Regional Housing Northampton 150

Chesapeake Redevelopment and HousingAuthority Chesapeake 75

County of Loudoun Housing Services Leesburg 75

Fairfax County Redevelopment and HousingAuthority Fairfax 100

Hampton Redevelopment and HousingAuthority Hampton 75

Harrisonburg Redevelopment and HousingAuthority Harrisonburg 70

Norfolk Redevelopment and Housing Authority Norfolk 75

Piedmont Housing Alliance Charlottesville 75

Roanoke Redevelopment and Housing Authority Roanoke 46

Virginia Beach Department of Housing andNeighborhood Preservation Virginia Beach 175

Virginia Housing Development Authority Richmond 241

Waynesboro Redevelopment and HousingAuthority Waynesboro 45

Public Housing Agencies With Section 8 Vouchers Targeted To People With Disabilities

Vouchers forState PHA City People with Disabilities

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92 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Appendix B

Washington Bellingham Housing Authority Bellingham 150

City of Anacortes Anacortes 20

Housing Authority City of Longview Longview 400

Housing Authority of City of Kennewick Kennewick 50

Housing Authority of Island County Coupeville 15

Housing Authority of King County Seattle 1,100

Housing Authority of Okanogan County Okanogan 75

Housing Authority of Pierce County Tacoma 200

Housing Authority of Skagit County Mount Vernon 200

Housing Authority of Snohomish County Everett 305

Housing Authority of the City of Everett Everett 200

Housing Authority of the City of Renton Renton 52

Housing Authority of the City of Richland Richland 100

Housing Authority of the City of Spokane Spokane 611

Housing Authority of the City of Vancouver Vancouver 150

Housing Authority of the County of Clallam Port Angeles 100

Housing Authority of Thurston County Olympia 500

Kitsap County Consolidated Housing Authority Silverdale 25

Seattle Housing Authority Seattle 575

West Virginia Housing Authority of the City of Charleston Charleston 100

Housing Authority of the City of Fairmont Fairmont 75

Housing Authority of the City of Huntington Huntington 156

Housing Authority of the City of Morgantown Fairmont 39

Housing Authority of Mingo County Williamson 200

Wisconsin Kenosha Housing Authority Kenosha 100

Marshfield Community Development Authority Marshfield 45

Waukesha County Housing Authority Waukesha 75

West Bend Housing Authority West Bend 100

Vouchers forState PHA City People with Disabilities

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Technical Assistance Collaborative, Inc. 93

IIIIIn 1990, the Massachusetts legislatureenacted the Housing Bill of Rights for

Persons with Disabilities.1 This legislation issimilar to the federal fair housing laws in thatit established accessibility and adaptabilityrequirements in the construction of newresidential housing units. Included in thislegislation was the requirement that a “centralregistry” of accessible and adaptable housingbe developed. Such a registry would providean opportunity for housing managers to marketunits to people who needed them and alsoallow people with disabilities easy access tothis information.

The system developed out of this legislativerequirement is known as the Mass Access Hous-ing Registry computer database. The databaseincludes every accessible and adaptable residen-tial rental unit in Massachusetts, including sub-sidized and market rate units of all sizes. MassAccess not only tracks units that are wheelchairaccessible or adaptable, but also those units thatare accessible to people with sensory disabili-ties. In 2001, the Mass Access databaseincluded 2,420 developments, 207,433 totalunits, and 11,606 accessible units. That sameyear, 395 vacancies were reported to MassAccess; 69 percent of these had subsidizedrents, 31 percent were market rate units.

The primary objective of Mass Access isto help with the housing search process and to“match” accessible units to people who needthem. Mass Access provides a person with:

• A list of currently vacant accessible andadaptable units across Massachusetts; and

• A list of units in the particular cities ortowns they prefer.

A person searching for housing candesignate a number of variables for the housingsearch such as location, bedroom size, rentlevel, and accessibility features. The service is

Mass Access: An Accessible Housing Registry

Appendix CAppendix CAppendix CAppendix CAppendix C

Mass Access: An Accessible Housing RegistryMass Access: An Accessible Housing RegistryMass Access: An Accessible Housing RegistryMass Access: An Accessible Housing RegistryMass Access: An Accessible Housing Registry

free to the public as well as housing managers.There is no limit to the number of contacts anindividual or agency can have with the system.

Housing managers participate in MassAccess for several reasons. First, the systemhas been successful in “matching” people withvacant units. In 2000, 97 percent of thevacancies reported were successfully leased.Second, the fair housing legislation describedearlier requires requires requires requires requires owners to list units with MassAccess and prohibits them from leasing theunits to individuals who do not require thedesign features for 15 days.

The database is administered by CitizensHousing and Planning Association (CHAPA), anon-profit statewide housing organization,under contract with the Massachusetts Reha-bilitation Commission. CHAPA was selected asthe administrator through a public biddingprocess and has good relationships with thereal estate, housing, and disability communities.CHAPA’s responsibilities include posting vacancylistings daily as well as conducting an annualupdate with housing managers. As part ofthe annual process, managers are asked toprovide updated information about their housingdevelopment such as any units that have beenrehabilitated, changes in rents or financing, etc.

Until recently, the Mass Access informa-tion was available to people with disabilities,their advocates, and families primarily througha network of local Independent Living Centers(ILCs). People with disabilities in search ofhousing would contact their local ILC and re-ceive the requested information over the phoneor through the mail. Recently, Mass Access alsobecame available online at no cost. The website(www.massaccesshousingregistry.org) (www.massaccesshousingregistry.org) (www.massaccesshousingregistry.org) (www.massaccesshousingregistry.org) (www.massaccesshousingregistry.org) includesseveral new features including housing factsheets and information regarding the openingof Section 8 waiting lists across the state.Even before the web site had been broadlymarketed, the site had thousands of visitors.

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94 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

While the legislature mandated theestablishment of the registry, it did notinitially appropriate funds for the program.Start-up funds were obtained through a HUDFair Housing Initiative Program grant. Thesefunds were used to design the database (whichhas since been updated and revised both by

Appendix C

Massachusetts and other states), conduct focusgroups, and design the housing questionnaireused to gather the housing information. In1995, the legislature initiated a $100,000 budgetline item for operation of the database. Thesefunds support CHAPA as well as their technicalsubcontractor.

1 Mass General Law 151b.

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Technical Assistance Collaborative, Inc. 95

• Opening Doors: A Housing Publication forOpening Doors: A Housing Publication forOpening Doors: A Housing Publication forOpening Doors: A Housing Publication forOpening Doors: A Housing Publication forthe Disability Communitythe Disability Communitythe Disability Communitythe Disability Communitythe Disability Community

This free quarterly newsletter is designed toprovide important information on affordablehousing issues to people with disabilities, theirfamilies, advocates, and service providersacross the United States. Each quarterlypublication covers an important affordablehousing topic and examines its impact on theability of people with disabilities to acquireand maintain decent, safe, and affordableapartments or homes of their own. Pasttopics include:

� Priced Out in 2002: Housing CrisisPriced Out in 2002: Housing CrisisPriced Out in 2002: Housing CrisisPriced Out in 2002: Housing CrisisPriced Out in 2002: Housing CrisisWorsens for People with DisabilitiesWorsens for People with DisabilitiesWorsens for People with DisabilitiesWorsens for People with DisabilitiesWorsens for People with Disabilities(May 2003)

� Permanent Supportive Housing: A ProvenPermanent Supportive Housing: A ProvenPermanent Supportive Housing: A ProvenPermanent Supportive Housing: A ProvenPermanent Supportive Housing: A ProvenSolution to Homelessness Solution to Homelessness Solution to Homelessness Solution to Homelessness Solution to Homelessness (January 2003)

� Rural Housing Challenges: Meeting theRural Housing Challenges: Meeting theRural Housing Challenges: Meeting theRural Housing Challenges: Meeting theRural Housing Challenges: Meeting theHousing Needs of People with DisabilitiesHousing Needs of People with DisabilitiesHousing Needs of People with DisabilitiesHousing Needs of People with DisabilitiesHousing Needs of People with Disabilitiesin Rural Communitiesin Rural Communitiesin Rural Communitiesin Rural Communitiesin Rural Communities (September 2002)

� Section 8: The New Housing ChoiceSection 8: The New Housing ChoiceSection 8: The New Housing ChoiceSection 8: The New Housing ChoiceSection 8: The New Housing ChoiceVoucher ProgramVoucher ProgramVoucher ProgramVoucher ProgramVoucher Program (March 2002)

� HUD’s HOME Program: Can It ReallyHUD’s HOME Program: Can It ReallyHUD’s HOME Program: Can It ReallyHUD’s HOME Program: Can It ReallyHUD’s HOME Program: Can It ReallyWork for People with Disabilities?Work for People with Disabilities?Work for People with Disabilities?Work for People with Disabilities?Work for People with Disabilities?(December 2001)

� What’s Wrong With This Picture? AnWhat’s Wrong With This Picture? AnWhat’s Wrong With This Picture? AnWhat’s Wrong With This Picture? AnWhat’s Wrong With This Picture? AnUpdate on the Impact of Elderly OnlyUpdate on the Impact of Elderly OnlyUpdate on the Impact of Elderly OnlyUpdate on the Impact of Elderly OnlyUpdate on the Impact of Elderly OnlyHousing Policies on People with DisabilitiesHousing Policies on People with DisabilitiesHousing Policies on People with DisabilitiesHousing Policies on People with DisabilitiesHousing Policies on People with Disabilities(September 2001)

� Housing Crisis Continues: Findings fromHousing Crisis Continues: Findings fromHousing Crisis Continues: Findings fromHousing Crisis Continues: Findings fromHousing Crisis Continues: Findings fromPriced Out in 2000Priced Out in 2000Priced Out in 2000Priced Out in 2000Priced Out in 2000 (June 2001)

� Permanent Housing and HUD’s ContinuumPermanent Housing and HUD’s ContinuumPermanent Housing and HUD’s ContinuumPermanent Housing and HUD’s ContinuumPermanent Housing and HUD’s Continuumof Careof Careof Careof Careof Care (March 2001)

� The Olmstead Decision and Housing:The Olmstead Decision and Housing:The Olmstead Decision and Housing:The Olmstead Decision and Housing:The Olmstead Decision and Housing:Opportunity KnocksOpportunity KnocksOpportunity KnocksOpportunity KnocksOpportunity Knocks (December 2000)

� Affordable Housing System Fails PeopleAffordable Housing System Fails PeopleAffordable Housing System Fails PeopleAffordable Housing System Fails PeopleAffordable Housing System Fails Peoplewith Disabilitieswith Disabilitieswith Disabilitieswith Disabilitieswith Disabilities (September 2000)

� Accessible Housing for People withAccessible Housing for People withAccessible Housing for People withAccessible Housing for People withAccessible Housing for People withDisabilitiesDisabilitiesDisabilitiesDisabilitiesDisabilities (June 2000)

� Challenging Choices: Housing DevelopmentChallenging Choices: Housing DevelopmentChallenging Choices: Housing DevelopmentChallenging Choices: Housing DevelopmentChallenging Choices: Housing Development1 0 11 0 11 0 11 0 11 0 1 (December 1999)

TAC’s Housing Center Publications

Appendix DAppendix DAppendix DAppendix DAppendix D

TAC’s PublicationsTAC’s PublicationsTAC’s PublicationsTAC’s PublicationsTAC’s Publications

� Affordable Housing in Your Community:Affordable Housing in Your Community:Affordable Housing in Your Community:Affordable Housing in Your Community:Affordable Housing in Your Community:What You Need to Know! What YouWhat You Need to Know! What YouWhat You Need to Know! What YouWhat You Need to Know! What YouWhat You Need to Know! What YouNeed to Do! Need to Do! Need to Do! Need to Do! Need to Do! (September 1999)

� Survey Documents Housing CrisisSurvey Documents Housing CrisisSurvey Documents Housing CrisisSurvey Documents Housing CrisisSurvey Documents Housing Crisis(May 1999)

� Homeownership for People withHomeownership for People withHomeownership for People withHomeownership for People withHomeownership for People withDisabilities: A Movement in the MakingDisabilities: A Movement in the MakingDisabilities: A Movement in the MakingDisabilities: A Movement in the MakingDisabilities: A Movement in the Making(December 1998)

� Federal Fair Housing Protections forFederal Fair Housing Protections forFederal Fair Housing Protections forFederal Fair Housing Protections forFederal Fair Housing Protections forPeople with DisabilitiesPeople with DisabilitiesPeople with DisabilitiesPeople with DisabilitiesPeople with Disabilities (September 1998)

� The Consolidated Plan: A Key toThe Consolidated Plan: A Key toThe Consolidated Plan: A Key toThe Consolidated Plan: A Key toThe Consolidated Plan: A Key toExpanding Housing for People withExpanding Housing for People withExpanding Housing for People withExpanding Housing for People withExpanding Housing for People withDisabilities Disabilities Disabilities Disabilities Disabilities (December 1997)

� Influencing Affordable Housing DecisionsInfluencing Affordable Housing DecisionsInfluencing Affordable Housing DecisionsInfluencing Affordable Housing DecisionsInfluencing Affordable Housing DecisionsIn Your Community In Your Community In Your Community In Your Community In Your Community (September 1997)

� What Does the Designation of ‘ElderlyWhat Does the Designation of ‘ElderlyWhat Does the Designation of ‘ElderlyWhat Does the Designation of ‘ElderlyWhat Does the Designation of ‘ElderlyOnly’ Housing Mean for People withOnly’ Housing Mean for People withOnly’ Housing Mean for People withOnly’ Housing Mean for People withOnly’ Housing Mean for People withDisabilities? Disabilities? Disabilities? Disabilities? Disabilities? (May 1997)

• Priced Out in 2002 Priced Out in 2002 Priced Out in 2002 Priced Out in 2002 Priced Out in 2002 (2003)

The next installment in the Priced Outbiennial series, this report documents thesevere housing crisis facing people withdisabilities and describes how this crisis hasworsened over time.

• Regional Housing Forum: A TechnicalRegional Housing Forum: A TechnicalRegional Housing Forum: A TechnicalRegional Housing Forum: A TechnicalRegional Housing Forum: A TechnicalAssistance Guide for Housing Resources andAssistance Guide for Housing Resources andAssistance Guide for Housing Resources andAssistance Guide for Housing Resources andAssistance Guide for Housing Resources andStrategiesStrategiesStrategiesStrategiesStrategies (2003)

This guidebook includes detailed informationon housing resources and strategies to assistpeople with disabilities covered by theOlmstead decision. This book was preparedfor the U.S. Department of Health andHuman Services Systems Change GranteesConference held in March 2003. Thispublication is available online only.

• Strategies to Help People with DisabilitiesStrategies to Help People with DisabilitiesStrategies to Help People with DisabilitiesStrategies to Help People with DisabilitiesStrategies to Help People with DisabilitiesBe Successful in the Housing ChoiceBe Successful in the Housing ChoiceBe Successful in the Housing ChoiceBe Successful in the Housing ChoiceBe Successful in the Housing ChoiceVoucher ProgramVoucher ProgramVoucher ProgramVoucher ProgramVoucher Program (2002)

This publication is designed to be guidancefor Public Housing Agencies administeringhousing choice vouchers targeted to people

The following publications are available on TAC’s website at www.tacinc.orgThe following publications are available on TAC’s website at www.tacinc.orgThe following publications are available on TAC’s website at www.tacinc.orgThe following publications are available on TAC’s website at www.tacinc.orgThe following publications are available on TAC’s website at www.tacinc.orgor by sending an email to [email protected] or calling (617) 266-5657.or by sending an email to [email protected] or calling (617) 266-5657.or by sending an email to [email protected] or calling (617) 266-5657.or by sending an email to [email protected] or calling (617) 266-5657.or by sending an email to [email protected] or calling (617) 266-5657.

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96 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

with disabilities through the Section 8Mainstream, Certain Developments, orDesignated Housing Programs.

• Olmstead and Supportive Housing: A VisionOlmstead and Supportive Housing: A VisionOlmstead and Supportive Housing: A VisionOlmstead and Supportive Housing: A VisionOlmstead and Supportive Housing: A Visionfor the Futurefor the Futurefor the Futurefor the Futurefor the Future (2001)

A “white paper” on best practices and futurestrategies to expand permanent supportivehousing for people with disabilities covered bythe U.S. Supreme Court’s Olmstead decision.

• Priced Out in 2000: The Crisis ContinuesPriced Out in 2000: The Crisis ContinuesPriced Out in 2000: The Crisis ContinuesPriced Out in 2000: The Crisis ContinuesPriced Out in 2000: The Crisis Continues(2001)

Calling for immediate changes in the wayfederal housing funds are allocated, thisreport documents the scope of this nationalhousing crisis faced by people with severedisabilities who live on Supplemental SecurityIncome (SSI).

• Federal Housing Resource GuideFederal Housing Resource GuideFederal Housing Resource GuideFederal Housing Resource GuideFederal Housing Resource Guide (2001)

A helpful resource guide that details most ofHUD’s most commonly accessed programs.This is an easy-to-read source showing whatmonies are available to individuals, states, andcommunities and how to access those funds.

• How To Be A Player in the Continuum ofHow To Be A Player in the Continuum ofHow To Be A Player in the Continuum ofHow To Be A Player in the Continuum ofHow To Be A Player in the Continuum ofCare: A Guide to the Mental HealthCare: A Guide to the Mental HealthCare: A Guide to the Mental HealthCare: A Guide to the Mental HealthCare: A Guide to the Mental HealthCommunity Community Community Community Community (2000)

A guide designed to provide the disabilitycommunity with the necessary tools to beactive participants in the Continuum of Careprocess in their community or state includingan overview of the Continuum of Care model;HUD’s resources and applications; theContinuum of Care framework; and theplanning process. This publication is avail-able online only.

• Going It Alone: The Struggle to ExpandGoing It Alone: The Struggle to ExpandGoing It Alone: The Struggle to ExpandGoing It Alone: The Struggle to ExpandGoing It Alone: The Struggle to ExpandHousing Opportunities for People withHousing Opportunities for People withHousing Opportunities for People withHousing Opportunities for People withHousing Opportunities for People withDisabilitiesDisabilitiesDisabilitiesDisabilitiesDisabilities (2000)

This publication focuses on the disconnectbetween people with disabilities and theaffordable housing system. The results ofthis analysis are presented as eight majorfindings in this report.

• Piecing It All Together: Playing the HousingPiecing It All Together: Playing the HousingPiecing It All Together: Playing the HousingPiecing It All Together: Playing the HousingPiecing It All Together: Playing the HousingGameGameGameGameGame (1999)

A guide to the Consolidated Plan, this is anexcellent resource book for communities andstates getting ready to prepare their ConPlan.It is filled with up-to-date information that ishelpful for every state and locality.

• Seizing the Moment: Using HUD’sSeizing the Moment: Using HUD’sSeizing the Moment: Using HUD’sSeizing the Moment: Using HUD’sSeizing the Moment: Using HUD’sConsolidated Plan to Identify AffordableConsolidated Plan to Identify AffordableConsolidated Plan to Identify AffordableConsolidated Plan to Identify AffordableConsolidated Plan to Identify AffordableHousing Opportunities for Homeless PeopleHousing Opportunities for Homeless PeopleHousing Opportunities for Homeless PeopleHousing Opportunities for Homeless PeopleHousing Opportunities for Homeless Peoplewith Serious Mental Illnesswith Serious Mental Illnesswith Serious Mental Illnesswith Serious Mental Illnesswith Serious Mental Illness (1999)

The information and approaches detailed in thisguidebook are designed to help the mentalhealth and homeless communities participate inthe Consolidated Plan process, a long-termhousing plan that HUD uses to determine accessto federal housing funding.

• Priced Out in 1998: The Housing Crisis forPriced Out in 1998: The Housing Crisis forPriced Out in 1998: The Housing Crisis forPriced Out in 1998: The Housing Crisis forPriced Out in 1998: The Housing Crisis forPeople with DisabilitiesPeople with DisabilitiesPeople with DisabilitiesPeople with DisabilitiesPeople with Disabilities (1999)

This report documents that in every stateacross the country, people with disabilitiesare in the midst of an acute and increasingaffordable housing crisis. Priced Out in 1998uses Supplemental Security Income andfederal housing cost data for every state andhousing market are in the country to examinethe affordability of rental housing for peoplewith disabilities within all 50 states and thedistinct housing market areas of the country.

• Guide to Continuum of Care Planning andGuide to Continuum of Care Planning andGuide to Continuum of Care Planning andGuide to Continuum of Care Planning andGuide to Continuum of Care Planning andImplementationImplementationImplementationImplementationImplementation (1999)

Developed for HUD, this guide provides a compre-hensive overview of the Continuum of Careplanning process. It has been developed with acompanion set of reference materials and work-sheets to assist localities with the design andimplementation of Continuum of Care systems.This publication is available online only.

• Opening Doors: Recommendations for AOpening Doors: Recommendations for AOpening Doors: Recommendations for AOpening Doors: Recommendations for AOpening Doors: Recommendations for AFederal Policy to Address the HousingFederal Policy to Address the HousingFederal Policy to Address the HousingFederal Policy to Address the HousingFederal Policy to Address the HousingNeeds of People with DisabilitiesNeeds of People with DisabilitiesNeeds of People with DisabilitiesNeeds of People with DisabilitiesNeeds of People with Disabilities (1996)

This report captures for the first time theprofound impact that changes in federal hous-ing policy — allowing federally assisted privateand public housing to be designated “elderlyonly” — is having on the supply of affordablehousing available to people with disabilitiesthroughout the country.

• Creating Housing and Supports for PeopleCreating Housing and Supports for PeopleCreating Housing and Supports for PeopleCreating Housing and Supports for PeopleCreating Housing and Supports for PeopleWho Have Serious Mental IllnessWho Have Serious Mental IllnessWho Have Serious Mental IllnessWho Have Serious Mental IllnessWho Have Serious Mental Illness (1994)

Written by TAC, under contract to the Centerfor Mental Health Services, this monograph pro-vides a useful overview of issues related toplanning and designing supported housing forpeople with mental illness, and includes five casestudies of successful state and local effortsto expand supported housing opportunities.

Appendix D

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Technical Assistance Collaborative, Inc. 97

IndexIndexIndexIndexIndex

Accepting and Processing Applications .................. 24Accessible Housing .............................................. 49-50Accessible Housing and Low-Income ...........................

Housing Tax Credit Properties ............................ 50Additional Household Members ............................... 57After the Application Process ................................. 28Amount of Homeownership Assistance .................. 75Appealing Eligibility Decisions ................................. 32Appeals of Terminations ........................................... 60Applying for a Voucher ....................................... 23-24Calculating Monthly Adjusted Income ........................

and Total Tenant Payment ............................. 43-44Changes in Household Composition ......................... 57Closed Lists ................................................................... 26Code of Federal Regulations ....................................... 5Completing the Section 8 Application ............. 23-24Congregate Housing .................................................... 52Continuation of Section 8 Funding ...............................

from Congress .......................................................... 60Creating New Housing with ............................................

Project-Based Assistance ..................................... 68Definitions .................................................................. 2-4Denial of Assistance ................................................... 31Different Types of PHAs That ....................................

Administer the Section 8 Program ..................... 15Down Payment Assistance ........................................... 9Eligibility Criteria for Section 8 ..................................

Homeownership Assistance ............................ 71-72Eligibility Criteria for the ..............................................

Pilot Program ..................................................... 74-75Eligible Homes .............................................................. 73Employment ................................................................... 72Examples of Household Compositions .........................

and Voucher Sizes ........................................... 42-43Exception Payment Standards for ...............................

People with Disabilities .......................................... 48“Exception” Payment Standards .............................. 41Failure to Provide Verification ................................ 33Fees for Leasing Vouchers ....................................... 54Financing Requirements ............................................. 74First-Time Homeowner .............................................. 72Glossary of Section 8 Terms (Appendix A) .......... 77Group Homes .......................................................... 51-52Help from Disability Organizations ........................ 49Homebuyer Counseling ............................................... 72Homeownership Assistance .......................... 9, 70-75Homeownership Expenses .................................. 72-73

Index

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Housing Quality Standards Inspection ........... 53-54Housing Search Process ............................................ 47How the Section 8 Program Really ...............................

Works: The Three Parties Involved ................... 14How to Start a Homeownership ....................................

Program ..................................................................... 75How to Use the Utility Allowance ........................... 40HQS Reinspection ....................................................... 57Importance of Fair Housing Laws ................................

and Reasonable Accommodation .......................... 12Income Targeting .......................................................... 7Index of Common Changes to Section 8 .....................

Rules that Can be Requested as ...............................a Reasonable Accommodation ....................... 64-65

Influencing Section 8 Policies .................................. 19Leasing in Place ............................................................ 50Length of Homeownership Assistance ................... 73Live-in Aide ................................................................... 42Mass Access: An Accessible ..........................................

Housing Registry (Appendix C) ............................ 93Maximum Initial Rent Burden .................................. 41Methods for Accepting Applications ...................... 24Minimum and Maximum Total ........................................

Tenant Payment ................................................ 35-36Minimum Income Requirement for ...............................

Homeownership Assistance ............................ 71-72Moving with a Voucher ........................................ 58-59Non-Profit Organizations .......................................... 16Opening and Closing a Section 8 ...................................

Waiting List .............................................................. 25Other Eligibility Criteria for ........................................

Homeownership Assistance .................................. 72Outreach ................................................................ 22-23Outreach to Special Populations ............................. 23Owner Responsibilities ........................................ 57-58Paying More Than the Minimum Total .........................

Tenant Payment ................................................ 38-39PHA Plan ................................................................... 18-19PHA Policies Vary ........................................................ 17PHA Rent Subsidy Amount ................................. 37-38PHA Payment Standards .................................... 36-37PHA Plan and the Section 8 ...........................................

Administrative Plan ........................................... 18-19PHA Waiting List Updates ........................................ 28PHAs with Homeownership ............................................

Demonstration Programs ....................................... 74Pilot Program for Homeownership ................................

Assistance for Disabled Families ........................ 74

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98 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities

Index

Program Components ................................................ 8-9Program Eligibility ................................................. 21-22Project-Based Assistance ............................. 9, 67-69Public Housing Agencies With .......................................

Section 8 Vouchers Targeted ...................................To People With Disabilities (Appendix B) ......... 81

Public Housing Agencies .................................. 4, 13-19Public Housing Authorities .................................... 4, 15Reasonable Accommodation ........... 12, 25, 31, 62-65Reasonable Accommodation and ...................................

the Application Process ......................................... 25Reasonable Modification .................................... 63-64Rent Increases ............................................................ 58Rent Reasonableness and Section 8 ....................... 53Renting to Relatives .................................................... 52Request for Tenancy Approval ................................. 53Requesting a Reasonable Accommodation ...... 62-63Responsibilities During Tenancy .............................. 56Reverifying Household Income ......................... 56-57Screening Criteria and Reasonable ..............................

Accommodation ........................................................ 31Screening Policies ....................................................... 30Section 8 Administrative Plan ............................. 18-19

Section 8 Briefing ................................................ 46-47Section 8 Homeownership ..............................................

Demonstration Program ......................................... 74Section 8 Homeownership Program .................. 70-71Section 8 Set-Asides ................................................. 17Shared Housing ............................................................ 52Signing a Lease and Moving In .......................... 54-55Single Room Occupancy Units .................................. 51Special Housing Types ......................................... 51-52State Housing Agencies ........................................ 15-16Tenant-Based Rental Assistance ........................... 8-9Third Party Verification ..................................... 32-33Total Tenant Payment ......................................... 35-44Updates to Section 8 Made Simple .......................... 5Utility Allowances ................................................ 39-40Verification and Documentation ...................................

of Eligibility ................................................ 25, 32-33Voluntary and Involuntary Terminations ........ 59-60Voucher Size ................................................................ 42Waiting List Preferences ............................. 17, 26-28Waiting Lists ................................................. 23, 25, 68Work Incentives and Earned .........................................

Income Disregard ................................................... 44

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