What is section 8?
Section 8 — formally the Housing Choice Voucher Program — is the federal government's largest rental assistance program, providing vouchers that subsidize housing costs for approximately 2.3 million low-income households. The program generally pays the difference between the family's required contribution (usually about 30% of adjusted monthly income) and the lower of the local payment standard or the unit's rent plus utilities, allowing tenants to choose private-market housing rather than government-owned developments.
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Key facts
- The Housing Choice Voucher program costs approximately $30 billion annually and serves 2.3 million households through 2,200+ local Public Housing Authorities — yet only 1 in 4 eligible households receives a voucher due to funding constraints.
- The average annual subsidy per voucher household is approximately $10,300, and the average household income of participants is about $15,000 — 74% of voucher households are extremely low-income (below 30% of area median).
- Voucher success rates — the percentage of voucher holders who actually find landlords willing to accept them — average about 69% nationally, with rates as low as 40% in tight housing markets where landlords can choose among applicants.
- The Protecting Tenants at Foreclosure Act lets bona fide tenants in foreclosed properties, with or without a voucher, stay through the end of their lease unless the new owner will live there, and then they get at least 90 days' notice. For Section 8 tenants, the new owner also takes on the voucher payment contract.
- A 2015 analysis of Moving to Opportunity (MTO), a landmark HUD experiment, used tax-return outcomes through 2012 and found that children whose families used an experimental voucher to move to low-poverty neighborhoods before age 13 earned 31% more in their mid-twenties and were more likely to attend college.
How Does the Housing Choice Voucher Program Work?
- Application: Eligible households apply to their local Public Housing Authority (PHA). Eligibility is based on income (generally up to 50% of area median income, and at least 75% of the families admitted from the waiting list each year must be extremely low income, which uses the federal poverty guideline or 30% of area median income, whichever is higher), citizenship or eligible immigration status, and family composition.
- Waiting list: Demand vastly exceeds supply. Most PHAs maintain waiting lists of 2-8+ years. Many PHAs have closed their lists entirely and only open them periodically (often for a few days, with a lottery for spots).
- Voucher issuance: When a voucher becomes available, the PHA calculates the payment standard (typically 90-110% of Fair Market Rent for the area) and the tenant's payment (30% of adjusted income).
- Housing search: The tenant has a search period (typically 60-120 days, extendable) to find a willing landlord. The unit must pass a Housing Quality Standards (HQS) inspection.
- Lease and HAP contract: The tenant signs a lease with the landlord. The PHA signs a Housing Assistance Payment (HAP) contract with the landlord, guaranteeing the subsidy portion.
- Ongoing: The PHA conducts annual income recertifications and periodic unit inspections. Tenants can often move with their voucher (portability), with conditions.
What Is Fair Market Rent and How Does It Affect Vouchers?
HUD sets Fair Market Rent (FMR) for every metropolitan area and non-metro county annually. FMR is the 40th percentile of gross rents (rent + utilities) for standard-quality rental units. The PHA sets its payment standard between 90-110% of FMR (with HUD approval to go higher in high-cost areas).
This means in expensive markets, the voucher may not cover enough of the rent for tenants to find willing landlords — contributing to low voucher success rates in cities like San Francisco, Boston, and Los Angeles.
Why Do Some Landlords Refuse Section 8?
Landlord participation is voluntary in most states. Common reasons for refusal include:
- Administrative burden: HQS inspections, paperwork, PHA bureaucracy
- Below-market payment standards: In hot markets, FMR-based payments may be below what the landlord can get from unsubsidized tenants
- Inspection delays: PHA inspection scheduling can delay move-ins, causing landlords to lose rental income
- Stigma: Some landlords hold biased perceptions of voucher holders
Source-of-income discrimination laws in approximately 20 states prohibit landlords from refusing tenants solely because they use a voucher. In states without such protections, voucher holders face significant barriers.
What Is Portability?
Portability allows voucher holders to use their voucher in any jurisdiction with a participating PHA — not just the PHA that issued the voucher. A voucher holder can generally move to another housing authority's area, even in another state, with conditions. A family that did not already live in the issuing agency's area when it applied generally must lease in that area for the first 12 months unless the agency allows otherwise. The receiving PHA either absorbs the voucher or administers it on behalf of the issuing PHA. This is particularly important for tenants seeking to move to areas with better schools, lower crime, or employment opportunities.
State-by-state differences
Section 8 is a federal program with uniform eligibility rules, but administration varies by PHA. The key state-level variable is whether source-of-income discrimination is prohibited.
| State | Key difference |
|---|---|
| New York | Source-of-income discrimination prohibited statewide. NYCHA administers the largest voucher program in the country. NYC also operates CityFHEPS, a city-funded supplement. Wait times: 5-10+ years. |
| California | Source-of-income discrimination prohibited statewide (SB 329, 2019). Source-of-income discrimination prohibited statewide (SB 329, 2019). Under federal voucher rules, Small Area Fair Market Rents are rent benchmarks based on ZIP codes. Payment standards above 110% of the applicable FMR use separate exception rules. |
| Texas | No source-of-income protection — landlords may refuse vouchers. Multiple large PHAs (Houston, Dallas, San Antonio). Houston Housing Authority has implemented landlord incentives including signing bonuses. |
| Massachusetts | Source-of-income discrimination prohibited. State-funded Massachusetts Rental Voucher Program (MRVP) supplements federal vouchers. Boston has separate mobile voucher program. |
| Georgia | No source-of-income protection. Atlanta Housing has shifted from project-based to voucher-based assistance, demolishing public housing and issuing vouchers. Mixed results for tenant outcomes. |
Questions about Section 8
How do I apply for Section 8?
Contact your local Public Housing Authority (PHA). Find yours at hud.gov/topics/rental_assistance. Be prepared for a long wait — most waiting lists are 2-8+ years and many are closed. Apply to every PHA in your area, and ask about preference categories (veterans, elderly, disabled, victims of domestic violence) that may move you up the list.
How much rent do I pay with a Section 8 voucher?
You usually pay about 30% of your adjusted monthly income (income after certain deductions), though a minimum rent or other rules can change that. For example, if your household earns $1,200/month, you pay $360 and the voucher covers the rest up to the payment standard. If you choose a unit more expensive than the payment standard, you pay the difference — but at initial occupancy, if the rent is above the payment standard, your share cannot be more than 40% of your adjusted monthly income.
Can I lose my Section 8 voucher?
Yes. Common reasons include: failing to report income changes, violating program rules, being evicted for serious lease violations, failing to use the voucher within the search period, or criminal activity. Income increases do not cause termination — your tenant share simply increases until you no longer need the subsidy.
Can I use my voucher in a different state?
Yes, through portability. After your first year of tenancy, you can move to any jurisdiction served by a participating PHA. Contact your current PHA to initiate a portability transfer. The receiving PHA will provide a briefing and administer your voucher in the new location.
What happens to my voucher if my building is foreclosed?
The Protecting Tenants at Foreclosure Act protects bona fide tenants, with or without a voucher. They get at least 90 days' notice, and a tenant with a lease can generally stay until it ends. The former owner and close family don't count. If you have a Section 8 voucher, the new owner also takes over your lease and the HAP contract. A new owner who will live in the home can end the lease at the sale, with 90 days' notice.
Related terms
- Rental AssistanceFederal, state, and local programs that help low-income households afford housing through rent subsidies, emergency payments, or transitional support.
- Fair Market RentThe HUD-determined amount needed to rent a standard-quality unit in a specific area — set at the 40th percentile of gross rents and used to calculate Section 8 voucher amounts.
- EvictionThe legal process by which a landlord removes a tenant from a rental property through court action, usually for nonpayment of rent or lease violations.
- Tenant RightsLegal protections that every renter has under federal, state, and local law, including the right to a habitable dwelling and protection from discrimination.
- Housing AffordabilityA measure of how housing costs compare with household income.
- Housing Cost BurdenSpending more than 30% of household income on housing costs, a measure the Census Bureau uses; more than 50% is severely cost burdened.
- Rent ControlGovernment regulation that limits how much a landlord can increase rent on residential properties, typically capping annual increases at a set percentage.
- HabitabilityThe legal requirement that landlords maintain rental properties in a condition fit for human occupation — covering plumbing, heating, safety, and structural integrity.
Sources and method
- 42 U.S.C. 1437f(o)(7), at law.cornell.edu
- Protecting Tenants at Foreclosure Act, 12 U.S.C. 5220 note, at law.cornell.edu
- HUD — Housing Choice Voucher Program, at hud.gov
- Center on Budget and Policy Priorities — Housing Choice Vouchers, at cbpp.org
- HUD — Moving to Opportunity Final Impacts Evaluation, at huduser.gov
- NLIHC — Housing Programs, at nlihc.org
- 24 CFR 982.505 — How to calculate housing assistance payment, at ecfr.gov
- opportunityinsights.org, at opportunityinsights.org
- 24 CFR 982.503, Cornell Legal Information Institute, at law.cornell.edu
We write with assistance from AI tools. Figures come from the data and sources named on this page.