Tenant-based Section 8 Housing Choice Vouchers, the Project-Based Section 8 program, and Public Housing are the largest and primary rental housing assistance programs for low-income families. This article focuses on the specific requirements for leases in these programs.
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Written Lease Required
For all three programs, the landlord must give you a written lease. The lease will state the rights and responsibilities of the tenant and landlord. Read the lease very carefully and keep a copy of the lease. Learn more about leases.
Landlord - For Section 8 Housing Choice Vouchers and Section 8 Project-Based Vouchers, the landlord in the lease is a private owner. There’s also a separate contract between the landlord and the public housing agency PHA (or the U.S. Department of Housing and Urban Development (HUD)). Also, depending on the property, there may be an agent or management company that manages the property. For public housing, the landlord in the lease is the public housing agency (PHA). The PHA is usually the property manager, but there can be a separate, private property management company.
These housing assistance programs have very specific requirements and protections for tenants. Tenants also have the rights that they normally would have under Maryland state law. For example, state law requirements related to notice of termination of a lease would apply to these leases as well.
Section 8 Leases
For both the Section 8 Housing Choice Voucher and Project-based programs, the landlord drafts the lease (not the PHA or HUD). Even though the landlord drafts the lease, there are specific requirements for the lease.
The lease must include:
- the names of the owner/landlord and tenant;
- the unit address;
- the initial term of the lease (one full year);
- rent amount;
- list of what utilities and appliances are supplied by the landlord and what is supplied by the tenant;
- lease renewal provisions; and
- a tenancy addendum required by HUD.
If the language of the landlord’s lease contradicts any language in the tenancy addendum, the tenancy addendum prevails. The tenancy addendum must include the following information:
- the term of the Housing Assistance Payment (HAP) between the owner and housing authority;
- family notice requirements for terminating the lease; and
- a statement that the owner may not terminate the lease during the initial term of the lease except for:
- "Serious Violation" (e.g., failure to pay rent, repeated violations of the lease, violation of federal, state, or local law regarding a tenant obligation in connection with the unit), or
- “Good Cause” (e.g., failure of a tenant to accept a new lease, a history of family disturbance of neighbors or property, the owner’s desire to use the unit for personal, business, or family use, sale of the property or renovation, or desire to raise the rent).
There are additional lease requirements. To view the full list, review the regulations listed below. Also, note that your local PHA may review the lease and may have additional lease requirements.
Read the regulations: U.S. Code of Federal Regulations, Title 24, Part 982, Subpart G
Public Housing
For public housing, there are standard leases that are approved by the local PHA. The lease term must be a 12-month term, with automatic renewals for 12-month terms. Note, that there can be exceptions to this.
The lease must include:
- the names of the PHA and tenant;
- the approved household composition (e.g., family members, live-in aide, etc.);
- the unit address;
- the lease term;
- the lease renewal terms;
- the amount of the initial rent;
- how rent and family composition can be recalculated;
- a statement of what utilities, services, and equipment that the PHA will provide without additional cost and what utilities and appliances will be paid for by the tenant;
- the amount that may be charged to the tenant for maintenance and repair beyond normal wear and tear and the consumption of excess utilities; and
- HUD regulations related to protection for victims of domestic violence, dating violence, sexual assault, or stalking.
The list above includes only some of the required provisions for a public housing list. The full list is extensive. For the full list, review § 966.4 from the Title 24 of the U.S. Code of Regulations.
While there are certain requirements with which all public housing leases comply, leases can vary from PHA to PHA. For example, the lease may include information about late payment penalties and security deposits if the PHA chooses to include those topics. However, leases cannot contain any unreasonable terms or conditions.
In addition, similar to the leases for the Section 8 housing assistance programs, certain provisions are not allowed in public housing leases, including waiver of legal proceedings, jury trial, legal notice, or appeal rights. In addition, the lease cannot require the tenant to agree to authorize the landlord to take tenant’s property and hold it as a pledge until the landlord determines that the tenant has performed a certain obligation (distraint for rent or other charges).
Read the law: U.S. Code, Title 42 § 1437d
Read the regulations: U.S. Code of Federal Regulations (CFR), Title 24, Part 966 Subpart A
Lease Modifications
The lease is a binding contract between the tenant and owner (Section 8 leases) or the tenant and the PHA (public housing agency). Generally, the terms and conditions of the lease cannot be changed during the lease term without both the tenant and landlord agreeing in writing. Also, the owner or housing authority can only raise the rent during the term of the lease under very specific circumstances (e.g., change in the law, change in the household composition, etc.).
The landlord may change the terms and conditions of the rental agreement at the end of the lease term, provided the landlord has received approval from the PHA (or HUD). The tenant must be notified of any changes in the lease in the same way that the tenant would be notified of termination of the tenancy (e.g., 60 days’ notice in Baltimore City and generally 30 days’ notice in the rest of the state).
Read the regulations: U.S. Code of Federal Regulations (CFR), Title 24, Part 966 Subpart A
Safety and Repair
Whether it’s public housing or housing through the Section 8 programs, the landlords must meet federal, state, and local requirements related to safety and repair. Your lease agreement should include information about maintenance and repairs. However, if you have concerns about the safety and repair of your unit, call the appropriate housing inspections office to have a housing inspector inspect the premises for possible housing code violations. Section 8 Housing Choice Voucher tenants should call their Section 8 advisor or the Section 8 inspections office with complaints about housing conditions. A project-based Section 8 program tenant should call the area HUD office if the repairs to the property are not being made by the tenant’s housing development.