Section 8 Tenant Rights

The Section 8 tenant has a right to a safe and clean dwelling.

The Section 8 housing program provides affordable housing assistance through the Department of Housing and Urban Development (HUD), a federally funded program. Generally, housing vouchers are issued according to family size for needy families to obtain clean, safe and inexpensive housing.

Definition of Tenant Rights

Tenant rights protect the tenant from landlord neglect. Section 8 tenants have the same general tenant rights issued through state, local and federal laws. However, as a Section 8 tenant, renters are protected by specific laws issued through HUD. Owners must adhere to these laws. When Section 8 tenants are not informed of their tenant rights, it is a violation of HUD laws. Knowing tenant laws by HUD standards gives the Section 8 tenant power.

Section 8 Tenants Basic Rights

Basic rights of the Section 8 tenant give the family the right to safe, decent and sanitary housing. The unit must be a lead-free dwelling. The tenant should be able to receive repairs and maintenance when requested or in timely manner. The Section 8 tenant also should be notified in writing with a notice for inspection or other entrance into the unit. Along with those basic rights, Section 8 residents have the right to post information in the common areas informing other Section 8 tenants of their rights. Per HUD laws, residents also can congregrate in meetings for Section 8 residents without the owner or management being present.

Section 8 Tenant Rights from HUD

By law, HUD requires the landlord or owner to adhere to certain rights for the tenant. HUD states the owner or landlord must allow residents to have a resident organization that represents residents as a whole and does not have independent management. Per HUD, the owner should provide a meeting place for residents. The owner should make specific information available to the resident---this includes rent subsidy and public assistance information. In accordance with federal law, the owner should not interfere with the tenant's method of organization and means of residents obtaining rent subsidy or other public assistance.

Section 8 Tenant Rights from Owner

The owner cannot use any discriminatory methods against the tenant in an effort to deny housing. Discriminatory methods include not providing residency because of age, race, national origin or religious beliefs. The owner cannot evict tenants or threaten eviction in an attempt to retaliate against tenants for exercising tenant rights. Owners cannot issue an eviction to tenants without presenting evidence to Section 8 on intent and reason for eviction. Section 8 tenants must have at least a 30-day notice in a legal eviction. In no form or fashion should the owner harass tenants---verbally or sexually. In the way of rental fees, the owner cannot raise rents once he has agreed upon the rental amount for the Section 8 tenant.

Violation of Section 8 Rights

If Section 8 tenant laws are broken, the tenant must notify the owner in writing in an effort to get compliance from the owner. If after a reasonable amount of time the owner has not responded, the written request should be submitted to HUD. In the management inspection process, HUD reviews the violation and decides whether or not to keep the property as a HUD property or release it from the HUD and Section 8 program. If the property is released from the HUD and Section 8 program, per HUD and Section 8 laws, the tenant is allowed to relocate to another Section 8 property.

References

• HUD: Resident Rights and Responsibilities
• Tenants Union of Washington State: "Section 8 Tenant Rights"