The following applies to Housing Choice Vouchers (“Section 8 Vouchers”). Below is information that may be helpful to you but is not a substitute for legal advice. There are other rules and laws that may be applicable to your situation, but these are common rules and laws that apply in regarding Section 8 Vouchers. C.F.R. means Code of Federal Regulations.

Content provided can also be found at AZCourts.gov/eviction.

Gold Pie Chart

1. TENANT’S PORTION OF THE RENT

  • An individual or family with a Section 8 voucher is only responsible for their portion of the rent. 24 C.F.R. 982.310(b)(1).
  • A landlord may not demand from the tenant more than the tenant’s portion of the rent as determined by Section 8. 24 C.F.R. 982.451(b)(4)(iii).
Silver Pie Chart

2. SECTION 8’S PORTION OF THE RENT

  • As long as the tenant remains in the Section 8 program, a landlord cannot evict a tenant if Section 8 has not paid its portion of the rent. 24 C.F.R. 982.310(b)(2).
  • If a landlord is seeking Section 8’s portion of the rent, the tenant can report the landlord to the Section 8 program or HUD’s Fraud Hotline at (800) 347-3745. This will not stop the eviction case against the tenant, but the judgment can only include the tenant’s unpaid portion of the rent.
  • A tenant can still be evicted if the landlord knows the tenant violated their lease and accepts a Section 8 payment that comes from a third party who has a contract with the landlord and is a government agency, housing authority, agent for government agency/housing authority, or agent of a for-profit organization. However, the tenant cannot be evicted if the Section 8 payment came from a faith-based organization, community action agency or non-profit entity.
  • If Section 8 fails to pay rent or pays its portion of rent late, the tenant is not responsible for the late fees on the Section 8 portion of the rent. In other words, if a tenant pays his or her portion of rent on time and Section 8 pays late, the tenant is not responsible for late fees. 24 C.F.R. 982.451.
Checklist

3. THIRD PARTY PAYMENT

  • Acceptance of the voucher or Section 8 payment from a third party where there is a contract with the landlord and a government agency, housing authority, agent for government agency/housing authority, or agent of a for-profit organization to pay that portion of the rent on behalf of the tenant will not impact the tenant’s obligation to pay their portion of the rent.
  • However, the tenant cannot be evicted if the landlord accepted money on behalf of the tenant from a faith-based organization, community action agency, non-profit, friend, family member, or anyone else.
Checklist

4. HOUSING QUALITY STANDARDS (HQS)

  • HQS inspections are inspections conducted by Section 8 to ensure the unit meets housing quality standards set by HUD. 24 C.F.R. 982.401.
  • Periodically, Section 8 is required to conduct an HQS inspection of the subsidized unit to make sure it is up to HUD’s Standards. 24 C.F.R. 982.401.
  • If the unit does not pass the HQS inspection and it is the landlord’s fault, Section 8, by law, cannot pay the landlord for the month the unit failed the HQS inspection. 24 C.F.R. 982.404(a)(3).
  • If the unit has failed due to the landlord and Section 8 has not paid its portion of the rent, a landlord does not have the right to evict the tenant as long as the tenant has paid his or her portion of the rent. 24 C.F.R. 982.310(b)(2).
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This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.

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