Section 8 Assistance in Texas

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 What Is Section 8?

Section 8 housing is a popular low income program that is provided by the Department of Housing and Urban Development (HUD). This program is a voucher system where the agency provides qualifying individuals with vouchers that they use to pay a large amount of their rent.

The rest of their rent due is then covered by HUD. Logistically, this means that the government provides the funds to the local housing agency who then pays the Section 8 recipient’s landlord.

Individuals who qualify for a Section 8 voucher will typically be a low income family that needs supplemental income for their housing. Typically, recipients of Section 8 will pay 30% of their rent.

The laws that govern Section 8 govern applicant qualifications as well as building inspection criteria. This means that there are living conditions that have to be met for the safety, health, and dignity of Section 8 residents.

A landlord may want to consider renting as a Section 8 participant, as it helps provide housing to individuals in need. In addition, a Section 8 applicant will come to the unit pre-screened through the application process, where they have to meet certain qualifications.

It is important for landlords to be aware that there may be a delay in receiving the first month’s rent when they rent to a Section 8 resident because the resident will not receive their funds until they have moved into the unit. In addition to providing Section 8, HUD is also responsible for national programs, policies, and laws that are related to housing necessities.

HUD accomplishes its main goal of affordable housing using several programs, such as public housing, HUD apartments, and other types of financial assistance. HUD also provides fair housing education to the public.

When an individual is purchasing a home, HUD provides its HUD Special Information Booklet that helps buyers learn about the process and avoid scams. For more information on obtaining Section 8 assistance in Texas, an individual can consult with a Texas Lawyer.

Why Do Some Landlords Not Accept Section 8 Vouchers?

There are many landlords who do not accept Section 8 vouchers for a variety of reasons. There may be certain social stigmas and stereotypes related to low income residents that influences landlords to not accept these vouchers.

Whether or not it is against the law for a landlord to turn Section 8 residents away will vary depending on the local and state fair housing laws. In the State of Texas, a landlord can, in general, refuse to rent to a Section 8 tenant.

This is because the Texas Fair Housing Act does not specifically include source of income as a protected characteristic. This allows a landlord to deny an application on factors such as rental histories and credit scores.

The Fair Housing Act (FHA), or Title VII of the Civil Rights Act of 1968, is the federal law that prohibits housing discrimination. The objective of this law is to eliminate discriminatory practices based on protected characteristics in both renting and buying situations.

Pursuant to the FHA, a landlord can decline to rent to an applicant based on qualification as a Section 8 recipient. This is based on the premise that the applicant may not be able to pay their share of the rent if their income is too low.

Landlords may also decline to accept Section 8 vouchers because, although the portion to the rent that comes from the government is guaranteed, the building has to be approved by the local housing authority. This means that a landlord will have to follow yearly building inspections that they would otherwise not have to submit to.

What Are My Rights? What Options Do I Have?

Individuals who live in HUD assisted housing have most of the same rights as a private renter. The residents of HUD housing programs have many different rights, including, but not limited to:

  • Living in sanitary and safe housing, called the implied warranty of habitability
    • Under this standard, the unit must be fit and livable for human habitation and remains in that condition through the duration of the lease
  • The right to minor repairs in a timely fashion
  • Written and reasonable notice when non-emergency access is required to the unit
    • Typically, a landlord has to give 24 hours notice before they enter the unit, unless there is an emergency
  • Participating in protected activities without retaliation from the landlord or management
    • For example, lawfully posting materials in common areas to inform other residents of their HUD and housing rights.

Section 8 residents also have the right to live with other individuals. All residents of a unit, however, have to go through the application and approval process.

In addition, the voucher has to be applied to the entire unit, not a single room in the unit. There may also be other requirements that a Texas lawyer can explain.

Section 8 housing discrimination is income source discrimination. If an individual has faced discrimination based on receiving Section 8 vouchers or if their rights discussed above have been violated, they should have a legal consultation in Texas to determine their options.

What Will Disqualify You From Section 8? Can You Get Section 8 With a Felony Record?

If an individual is denied Section 8 assistance, they should review their denial notice carefully to determine the reason. There are numerous reasons that an individual may be disqualified from Section 8 assistance, including, but not limited to:

  • A member of the household is a lifetime registrant, for example, a sex offender
  • A member of the household has been convicted of manufacturing or producing methamphetamine
  • A member of the household is engaged in using an illegal drug
  • A member of the household has been evicted from federal assistance for drug related criminal activity within the last three years
  • The Housing Authority has a reasonable belief that the drug use of a household member threatens the safety, health, or right of other residents to the peaceful enjoyment of the premises

In some situations, Section 8 may still be available for individuals with criminal records, including felony records, depending on the nature of the felony.

Do I Need a Lawyer for My Section 8 Problem?

If you are facing discrimination or other issues related to Section 8 assistance, it is important to consult with a Texas real estate lawyer. Your attorney will ensure that your rights are protected while resolving your Section 8 issue.

Your lawyer will be able to explain the process of filing a complaint for discrimination, the proper agency or authority to submit your complaint to, and whether you may be eligible to file a claim in civil court. There are numerous complex deadlines that have to be met to keep your claim from being dismissed, so having legal assistance is essential.

If you are a landlord who has been accused of Section 8 discrimination or if you did not pass the housing authority inspection, it is important to consult with a real estate lawyer as soon as possible. Your lawyer can advise you of any available defenses and how you should proceed to resolve your issue.

You can use LegalMatch’s free lawyer matching services to quickly and confidently find a real estate attorney who can help you with your Section 8 issue, whether you are an applicant, a tenant, or a landlord.

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