Not everyone is eligible to receive Section 8 Housing. There are specific criteria which must be met in order to be awarded a housing choice voucher. HUD has established four criteria which must be met in order to receive a Housing Choice Voucher. These criteria include:
- Family Status
- Income Level
- Citizenship Status
- Eviction History
In order to receive a Section 8 voucher, the applicant must meet the definition of family that has been set forth by the local Public Housing Authority. The PHA must adhere to the guidelines established by HUD, but does have some flexibility in how it interprets this requirement. A Section 8 applicant must therefore check with their local PHA to determine if they meet the PHA’s family qualification.
In general, familial status means an individual or a group of people:
- With or without children.
- Where at least one individual is over the age of 62.
- Where one or more individuals in the household have a disability.
- That has been displaced from their home. This displacement could have occurred due to a government action or due to damage or complete destruction caused by a natural disaster or other federally recognized disaster.
- A tenant who remains in a unit after all other members of his or her family have left the unit. The family was already receiving Section 8.
- A single person who does not meet any of the above criteria.
Section 8 is a program designed to help lower-income individuals afford housing. Therefore, to qualify for receipt of a housing choice voucher, a family’s yearly income must be below a certain level. Each year, HUD sets forth income limits. These income requirements are calculated based on an area’s median income level. Numbers are calculated for extremely low income, very low income and low income.
- Extremely Low Income- 30 percent of the area’s median income level.
- Very Low Income- 50 percent of the area’s median income level.
- Low Income- 80 percent of the area’s median income level.
The income limits will differ based on the number of people in the family. Income limits are created for families containing anywhere from one individual to families containing eight individuals. Extremely low-income for a family of one may be $15,000 a year, but for a family of eight, an extremely low-income level may be $30,000 a year. HUD grants priority for Section 8 vouchers to those who would be classified as extremely low-income levels and then to those with very low-income.
There are certain circumstances which would allow a family with a low-income status to be granted a Section 8 voucher. The PHA would usually make this determination, but reasons could include those who are classified as “continuously assisted” by public housing programs or those who are in HUD assisted home ownership programs.
When determining the yearly income of a family and whether they are eligible for Section 8, many factors are taken into consideration. All sources of income are included when calculating a family’s income. These sources include:
- Overtime Pay
- Interest or Dividends From Assets
- Retirement Fund
- Child Support
- Social Security
- Worker’s Compensation
- Lottery Winnings
Section 8 vouchers will only be granted to American citizens or to those who have eligible immigrant status. To determine if you have eligible immigrant status, please consult Exhibit 5-1 in HUD’s Housing Choice Voucher Guidebook.
For American citizens, the Public Housing Authority will:
- Make you sign a declaration stating that you and all members of your “family” are American citizens.
- Certain PHA’s will also verify each individual’s citizen status by requesting a U.S. passport, social security card or other documentation.
For those with eligible immigrant status, the Public Housing Authority will:
- Make you sign a declaration stating that you have eligible immigration status.
- Have you provide INS Documents which prove your immigration status.
- Verify your information with the INS.
- Have you sign a form consenting to their use of the information obtained.
Families that are made up of individuals who are not American citizens or do not have eligible immigrant status can still be granted housing assistance. However, the amount they will receive will be based on the percentage of family members who are eligible for housing assistance.
Section 8 vouchers will not be granted to anyone who:
- Has been evicted from a property within the last three years for drug related criminal activity.
- Has been convicted of producing methamphetamine in an assisted housing project.
Who Is Ineligible?
Individuals who do not meet or consent to the requirements of the above four criteria are not eligible to receive a Section 8 voucher. In addition, each PHA must have laws which govern family obligations. Even if a family meets the above four criteria, housing vouchers can be denied if the family has violated any of these family obligations. For a list of family obligations, please see Exhibit 5-4 of HUD’s Housing Choice Voucher Guidebook.