Lawyers Manual - Unified Court System

272 Amy E. Schwartz and Sharon Stapel
Importantly, VAWA III provides that an individual’s status as a survivor of
domestic violence, dating violence, or stalking, is not an appropriate basis for
denial for admission or denial of housing assistance to an otherwise qualified
applicant into the public housing or the Section 8 programs. 108
Section 8 (The Housing Choice Voucher Program)
Tenant-Based Subsidies
Section 8 is the federal government’s largest program for aiding lowincome
families, the elderly and the disabled. Although there are actually many
separate subsidy programs within the federal Section 8 program, this article
will only address the main tenant-based voucher program, the Housing Choice
Voucher program. The Housing Choice Voucher program is the one that most
survivors of domestic violence advocates will be referring to when they say
“Section 8,” and it is by far the program which makes up the bulk of HUD’s
tenant-based subsidies. 109 Under the tenant-based Section 8 voucher program,
people use vouchers to help pay for their own housing in the private rental
market. Once the voucher holder finds a landlord willing to participate in the
program, that landlord will enter into a subsidy contract called a “Housing
Assistance Payments” contract. The housing subsidy is then paid directly to the
landlord by the PHA on the participant’s behalf. The participant will have to
pay the landlord the difference between the subsidy and the actual rent charged.
The size of the voucher will vary based upon the participant’s income, the
family size and composition, as well as the “payment standards” determined by
the local public housing agency. 110 The “payment standards” will be based on
the housing market in the community and will vary regionally. 111 For example,
in 2006, the fair market rent for a two bedroom is $1,133 in New York City
and $656 in Rochester. For other areas of the state, see the HUD Fair Markets
Rents for FY 2006 published at 70 Fed. Reg. 57654, or available online at:
http:// huduser.org (select “Data Sets” then “Fair Market Rents.”) A voucher
holder is free to choose any housing type (house, apartment, or townhouse).
However, for the housing to be approved, the landlord must consent to rent to
the tenant under the terms and conditions of the PHA contract and the housing
unit must be formally approved by the PHA to determine whether it meets the
housing quality standards. Because private landlords are not required to accept
Section 8/Housing Choice vouchers, as a practical matter, a voucher holder’s
options may still be severely limited.
Eligibility for the Section 8 program is determined by the local PHA based
upon the applicant’s total annual gross income and family size, as well as other