Section 8, which is officially known as the Housing Choice Voucher Program, is a federal housing assistance program administered in Florida that helps low income individuals and families afford safe housing.
In order to qualify for Section 8 housing in Florida, households must earn less than 50% of the Area Median Income (“AMI”), with those earning below 30% AMI receiving priority in their applications. The program allows for participants to choose from private rental properties, with the voucher covering a portion of their rent.
For example, in Miami-Dade County, maximum Section 8 payments range from $1,379 for a one bedroom to $2,513 for a four bedroom unit. Overall, this housing program operates under the federal Housing and Community Development Act of 1974, with tenants typically paying 30% of their adjusted monthly income toward rent, while the voucher covers the remainder rental payment.
Why Do Some Landlords Not Accept Section 8 Vouchers?
In Florida, landlords are allowed to legally refuse Section 8 vouchers since source of income is not a protected class under state law. Protected classes in Florida under the Fair Housing Act include race, color, national origin, religion, sex, familial status (i.e., families with children), and disability. Landlords cannot legally discriminate against tenants based on these characteristics.
Examples of common reasons landlords decline Section 8 include:
- Concerns about mandatory property inspections
- Concerns regarding the additional paperwork requirements
- Potential delays in receiving payments from the housing program
Some landlords also worry about potential property damage or administrative burdens that are associated with the program. However, it is worth noting that some Florida counties, including Broward, Miami-Dade, and Hillsborough, have all passed local ordinances prohibiting discrimination based on source of income.
In other words, in those counties, it is illegal for landlords in these jurisdictions to refuse Section 8 vouchers. By refusing Section 8 vouchers in those counties, the applicant may then be able to sue the landlord for housing discrimination.
What Are My Rights? What Options Do I Have?
Once again, landlords can legally refuse Section 8 vouchers unless you live in specific counties, such as Miami-Dade or Broward, which have local source of income protection laws. If a landlord refuses your voucher, you have the following options:
- You can look for housing in areas with source of income protections
- You can search for landlords who specifically advertise as being “Section 8 friendly”
- You can contact your local Public Housing Authority for assistance in finding participating landlords.
Once again, if you believe the refusal is based on a protected characteristic, such as your race, religion, disability, etc., rather than because of the voucher itself, you can also file a discrimination complaint with the Florida Commission on Human Relations or Department of Housing and Urban Development (“HUD”). For additional information on HUD programs and how they enforce their programs, you can consult the HUD Special Information Booklet.
In order to file a housing discrimination complaint in Florida, you can file through either the Florida Commission on Human Relations (“FCHR”) or through HUD. In order to file through the Florida Commission on Human Relations, you must:
- File within 365 days of the alleged discrimination
- Submit your complaint online, by mail, fax, or in person to FCHR
- Provide basic information including:
- Your name, address, and phone number
- The name, address, and phone number of the person/organization you’re filing against
- A description of what happened
- The date(s) of the alleged discrimination
After filing your complaint with FCHR, they will send your complaint to the respondent, attempt mediation or conciliation, conduct an investigation if mediation fails, and issue a determination in your case. If they are unable to resolve your issue, you may then proceed with filing a private civil lawsuit against the landlord.
In order to file your complaint through HUD, you may:
- File online using HUD’s housing discrimination form
- File your complaint by calling HUD directly at 1-800-669-9777
- Send an email to ComplaintsOffice04@hud.gov
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What Will Disqualify You From Section 8? Can You Get Section 8 With a Felony Record?
There are numerous different circumstances in which you may become disqualified from receiving assistance through Section 8. First, there are certain criminal activities and violations that can disqualify you from Section 8 housing. Although having a felony record doesn’t automatically make you ineligible for Section 8, there are two types of felony convictions that result in permanent disqualification:
- Manufacturing methamphetamine on federally assisted housing premises
- Lifetime registered sex offenders
For other felonies, the Public Housing Authority (“PHA”) will typically look at all of your criminal activities that occurred within the past 5 years. Drug related crimes, violent crimes, or other offenses that could threaten the health, safety, or peaceful enjoyment of other residents may lead to your rejection from the program.
However, it is important to note that applicants cannot be denied based merely on suspicion of criminal activity. Instead, there must be sufficient evidence to reasonably conclude the criminal activity occurred. A criminal conviction is often sufficient evidence.
PHAs also have discretion in their acceptance policies for other types of felonies. If your felony conviction was related to drug use, you may be required to provide proof of completion of a drug treatment or rehabilitation program or current participation in one.
The Fair Housing Act requires PHAs to make reasonable accommodations for people with disabilities, including those with past drug addictions. Importantly, this doesn’t apply to current illegal drug use. For your best chance of approval for the Section 8 program, it is recommended to be honest about your criminal history and provide evidence of rehabilitation if applicable.
Local housing authorities may also have additional criteria for approval. For instance, some may require that felony convictions be older than 5 or even 10 years. If you’re not the primary applicant, but will be living in the unit as a family member, your criminal background will still be considered as part of the application process for the applicant.
Do I Need a Lawyer for My Section 8 Problem?
As can be seen, there are numerous different situations which may result in you having issues with the Section 8 program. Whether or not you need a lawyer for your Section 8 issue will depend on the complexity of your situation. However, if you are having issues with Section 8, it is recommended to set up a legal consultation in Florida with a Florida real estate lawyer.
LegalMatch can assist you in locating an experienced Florida lawyer near you who understands Fair Housing Act, HUD and housing rights, and Section 8 housing. An attorney can help you resolve more serious issues related to Section 8, such as termination notices, discrimination claims, or disputes with landlords. Having a lawyer can significantly improve your chances of a favorable outcome in your specific case.
If you are facing eviction, denial of benefits, or believe that your rights have been violated, consulting with an attorney who has experience in housing law is strongly recommended. They will understand the complex regulations governing Section 8 housing and can help protect your rights, especially during administrative hearings or court proceedings.
They can also help you determine your best course of legal action, such as attempting to use the administrative remedies available to you. However, if administrative remedies do not resolve your Section 8 problem, then they can also help you pursue a private civil lawsuit against the landlord, if applicable. Finally, they can also represent you in court, as needed.