The Federal Housing Choice Voucher Program, commonly known as “Section 8 housing,” provides people with subsidies in the form of vouchers to help them pay for rental housing. The federal Department of Housing and Urban Development (HUD) funds local public housing agencies (PHAs), and they administer the Section 8 program in the states of the U.S.
All states have many PHAs, including California. Each one serves a county or municipality in the state. Public housing agencies are responsible for doing the following:
- Establishing the criteria for eligibility for the program,
- Processing applications,
- Developing and maintaining waitlists, and
- Verifying that applicants meet the program’s requirements.
The Section 8 voucher program makes housing more affordable for low-income California families. In the Section 8 program, a person who qualifies because they meet income and other qualifying requirements is supplied with a voucher they can use to pay a portion of their rent. The tenants themselves also contribute from 30 to 40% of their income to their rent.
A prospective Section 8 tenant must apply through a local housing agency and, if accepted, is likely to be put on a waiting-list at the beginning of their search for an available rental. A legal consultation in California would provide an individual with more information about Section 8, HUD and housing rights.
The federal Department of Housing and Urban Development offers Americans a wide range of other services in connection with housing in order to fulfill its missions. For example, the Federal Housing Administration (FHA), also known as the Office of Housing within HUD, is a federal agency whose main function is to provide insurance to private mortgage lenders for the mortgage loans they make to home buyers.
Federal mortgage insurance allows private mortgage lenders to offer more mortgages, because the federal insurance reduces the financial risk that the lenders assume. This makes housing more available to more Americans.
When an individual applies for a mortgage loan to fund their purchase of a residence, federal law requires that the lender give them a “HUD Special Info Booklet.” This is a publication that offers prospective home buyers a wealth of useful information about buying a home and shopping for a mortgage loan.
In addition to offering access to multiple resources to help renters and home buyers, HUD enforces the federal Fair Housing Act. The California Civil Rights Division (CRD) enforces California fair housing laws and investigates complaints of housing discrimination, as does HUD. A California lawyer would also be a source of useful information about HUD, federal law, and California fair housing laws.
Why Do Some Landlords Not Accept Section 8 Vouchers?
If a landlord refuses to accept Section 8 vouchers, they violate California anti-discrimination law. California law prohibits landlords from refusing to rent to applicants solely because they would use Section 8 vouchers to pay the rent. Refusing to rent housing to a person because of the source of their income, e.g., a Section 8 voucher, is a form of prohibited discrimination in California.
Section 8 tenants may, however, be evicted for serious or repeated violations of their lease and/or violations of federal, state, or local law that regulate the uses of a rental unit that tenants may make. So if a Section 8 tenant were to make some prohibited use of a rental unit, this would lead to termination of their tenancy and qualification for Section 8 support. The PHA would not be involved in the eviction process; that would proceed through a local court.
What Are My Rights? What Options Do I Have?
The household income of a Section applicant must not exceed 50% of the median income in the area in which they apply. For example, in Los Angeles County, a family of four must earn $47,250 or less to qualify as very low-income in 2025. Priority may be given to applicants who earn less than 30% of the average median income.
Applicants must be U.S. citizens or legal residents with some kind of immigration status that is eligible per the rules. Other factors that determine eligibility may include the size of an applicant’s household, whether members have a disability, and the availability of local housing. A person wants to contact their local PHA for detailed information and to check the specific requirements for Section 8 in their area.
A Section 8 voucher covers a portion of a household’s rent that depends on their income, family size, and the amount of rent that local landlords charge. Those who receive Section 8 vouchers usually pay about 30% of their own adjusted income toward rent, while the program pays the rest up to an amount that is a technical number calculated by the local PHA.
A HUD application must be completed in writing. The application usually asks for the following information:
- The names of all of the individuals who would live in the residence, including their:
- Gender
- Date of birth
- Relationship to the applicant
- The applicant’s present address and phone number
- Family characteristics that may confer preference, such as being a veteran
- Other circumstances that may confer preference, such as living in substandard housing
- The names and addresses of current and previous landlords. They would be contacted for references
- An estimate of the family’s anticipated income for the next year and the sources of that income
- References for verifying the applicant’s income and family composition, such as names and addresses of employers, banks, tax returns, and the like
A representative of the local PHA may visit the applicant’s home to interview them and their family members and to assess their current living situation.
Suggestions for steps that may help an applicant simplify the process and succeed in qualifying are as follows:
- Review the eligibility requirements before applying
- Collect the necessary documentation for the application
- Be accurate and honest on the application
- Apply to multiple programs
- Meet all deadlines
- Keep copies of all applications and supporting documentation.
If an individual has any questions about the eligibility requirements in their area, they can consult with a local California lawyer who can help. Their lawyer may be able to help them complete their application and gather the required supporting documentation.
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What Will Disqualify You From Section 8? Can You Get Section 8 With a Felony Record?
A felony record may well disqualify a person for Section 8 housing support. All of the members of the household of an applicant who are 18 and older must pass a criminal background check as a requirement for Section 8 vouchers. Applicants must also demonstrate a history of rent paid on time when due and responsible occupancy of rental units.
Once a person has succeeded in getting a Section 8 voucher and has found suitable rental housing, they can lose it. If they violate any of the program’s family obligations, engage in criminal activity or alcohol abuse, are involved in violent or drug-related criminal activity, do not pay rent when due, do not maintain functioning utilities in the unit, and miss recertification appointments or inspections, they can lose a Section 8 voucher in California.
People convicted of certain sex offenses must register as sex offenders under the California Penal Code. Someone who must register as a sex offender may have a problem qualifying for Section 8 housing eligibility.
Conviction of certain offense such as rape or lewd acts with a minor means that the perpetrator must register as a sex offender, sometimes for life. Unfortunately, federal law excludes those who must register for life from receiving federally assisted housing.
Do I Need a Lawyer for My Section 8 Problem?
If you have been unable to find rental housing that you can afford given your income, you want to talk to a California real estate lawyer. LegalMatch.com can connect you to a lawyer who can help you apply for Section 8 support and meet the qualification requirements.
If you are currently receiving section 8 rent support but are threatened with termination for any reason, e.g., not paying rent when it is due, you should also call a California real estate lawyer. Section 8 vouchers are an important benefit, one you do not want to lose, and your lawyer may be able to help you remain qualified.
