Section 8 Tenant Guide: Eligibility, Applying and Your HAP Contract
Tenant · 9 min read · Reviewed by the Section8Max Editorial Team · Last updated
A Housing Choice Voucher, usually called Section 8, pays part of your rent directly to a private landlord so you pay roughly 30% of your income. This guide walks through the three things every renter needs to understand: whether you qualify, how to apply and get a voucher in hand, and how the HAP contract between your landlord and the housing agency affects you once you move in.
Who is eligible for a Housing Choice Voucher
Eligibility is set by HUD and checked by your local public housing agency (PHA). The main test is income. Your household's gross annual income generally has to be at or below 50% of the area median income (AMI) for your county and family size, which HUD calls the very low income limit. By law, PHAs must give at least 75% of new vouchers each year to extremely low income households, those at or below 30% of AMI or the federal poverty guideline, whichever is higher. Because income limits change with location and household size, a family of four can qualify in one county and not the next.
Beyond income, at least one household member must be a U.S. citizen or have eligible immigration status; households with some ineligible members can still receive prorated assistance. The PHA will also screen applicants. Federal rules require denial for anyone subject to lifetime sex-offender registration and for anyone convicted of making methamphetamine in federally assisted housing, and agencies may deny for recent drug-related or violent criminal activity, or for owing money to a PHA from past assistance. Rules beyond those federal minimums vary by agency, so read your PHA's administrative plan if you have concerns.
Step 1 — Find the housing agencies that serve you
There is no single national Section 8 application. Each PHA runs its own program and waiting list, and many areas are served by more than one agency, such as a city housing authority and a county or state agency. You can apply to any PHA whose list is open, even outside your town, although some agencies give preference to people who live or work in their area. HUD's PHA contact directory and our local housing office listings are the fastest way to find every agency near you.
Step 2 — Get on a waiting list
Demand is far higher than funding, so most waiting lists are closed most of the time. When a list opens, it is usually for a short window, sometimes only a few days, and many agencies now pick applicants by lottery. Sign up for agency notices, check their websites regularly, and apply to several lists when they open. Agencies may give preferences to groups such as local residents, older adults, people with disabilities, veterans, or families who are homeless or displaced.
Once you are on a list, keep your mailing address, email and phone number current with every agency. Many people lose their place because a letter asking them to confirm interest came back undeliverable.
Step 3 — Complete the eligibility interview
When your name comes up, the PHA schedules an eligibility interview or asks for a full application packet. Expect to provide identification and Social Security numbers for each household member, birth certificates, proof of income such as pay stubs, benefit letters and child support records, and bank statements. The agency verifies everything with third parties. Answer fully and honestly; misreporting income is the most common reason vouchers are later terminated.
Step 4 — Receive your voucher and find a unit
If you qualify, you attend a briefing and receive a voucher showing your unit size and an expiration date, usually at least 60 days. During that time you search for a rental whose landlord will accept the voucher. The unit's rent plus utilities generally needs to fit within the agency's payment standard, which is set between 90% and 110% of HUD's Fair Market Rent. If the rent is higher, you can pay the difference, but at first move-in your share cannot exceed 40% of your monthly adjusted income. Ask the PHA for an extension if your search runs long. Our Fair Market Rent lookup shows the starting rent figures for any ZIP code.
Step 5 — Request for Tenancy Approval and inspection
When a landlord agrees to rent to you, you both complete the Request for Tenancy Approval (form HUD-52517) and return it to the PHA. The agency then inspects the unit against HUD's housing quality standards and checks that the rent is reasonable compared with similar unassisted units nearby. If the unit fails, the landlord must make repairs before you can move in with assistance.
HAP contract basics for tenants
Once the unit passes and the rent is approved, the landlord and the PHA sign a Housing Assistance Payments (HAP) contract, form HUD-52641. You are not a party to the HAP contract; it is the agreement that makes the agency pay its share of your rent directly to the landlord each month. Your own agreement is the lease you sign with the landlord, which must include the HUD tenancy addendum. The addendum overrides any lease terms that conflict with program rules.
Three parts of the HAP setup matter most to you. First, you pay only your share of the rent; the landlord may not charge you extra side payments on top of the approved rent. Second, the landlord must keep the unit in good condition. If it fails a later inspection and is not repaired in time, the agency can stop its payments, but you are not required to make up the missing amount. Third, the contract ends if your lease ends, if you move, or if your assistance stops, so tell the agency before you move so your voucher can follow you.
Keeping your voucher
Your PHA re-examines your income and household at least once a year. Report changes in income or household members as your agency requires, follow your lease, allow scheduled inspections, and do not let anyone move in without agency approval. Vouchers are portable: after your first year, and sometimes sooner, you can usually move to another unit or another housing agency's area and keep your assistance.
Frequently asked questions
How much rent will I pay with Section 8?
Usually about 30% of your monthly adjusted income, toward rent and tenant-paid utilities. If you choose a unit priced above the payment standard you pay the difference, but at first move-in your total share cannot exceed 40% of adjusted income.
Can I apply to more than one housing agency?
Yes. Each agency keeps its own list, and applying to several open lists is the usual way to shorten your wait.
Am I part of the HAP contract?
No. The HAP contract is between your landlord and the housing agency. Your rights come from your lease and the HUD tenancy addendum attached to it.
What if my landlord asks me to pay more than my share?
Side payments above the approved rent are not allowed. Report the request to your housing agency.