Section 8 vouchers, often called housing choice vouchers, serve as a crucial resource for low-income individuals and families. These vouchers allow a landlord to collect 30–40% of the tenant’s income for rent, while a housing authority covers the remaining amount using funds from HUD.

Receiving a Section 8 termination notice is the first step your landlord must take to initiate your eviction from the property. However, you won’t be required to vacate the premises right away.

If the termination notice is valid, your landlord will need to pursue legal action to evict you. You may have the opportunity to contest the eviction and potentially prolong your residency in the home.

When A Section 8 Termination Notice May Be Issued

A Section 8 termination notice can be issued at any time during your tenancy, depending on the reasons your landlord provides for eviction.

It’s essential to note that you can only utilize this notice if you possess a guaranteed or assured shorthold tenancy.

Your landlord’s Section 8 notice must include a valid justification for the eviction. Numerous grounds exist that your landlord may cite, including unpaid rent, damage to the property, or disturbances to neighbors.

A written “form 3” or an equivalent letter must be provided by the landlord, containing the same details as your Section 8 notification.

If your notice lacks any of the following, it will not be deemed legitimate:

• Your name
• The property address
• The “grounds for possession”—the reasons your landlord seeks your departure.
• The expiration date of the notice—if you do not vacate by that date, your landlord will need to obtain a court order for possession.

Even if your landlord delivers an incorrect notice, they may still seek judicial eviction.

The court will consider your defense before making a decision. Your landlord must present a valid reason for the Section 8 notice, known as “grounds for possession.”

Before confirming your need to evacuate, the court must accept your landlord’s claims for possession. Your Section 8 notice should clearly state the grounds for possession the landlord is relying upon, and the specific reasons backing those grounds, such as overdue rent or property damage.

The grounds for possession fall under 1 to 17. Depending on which grounds your landlord cites, the court will decide whether you must vacate your home or if you can stay.

Your Section 8 notice should indicate the ground number along with the justification.

If those are not included, the notice will not be effective. The court will need to determine the legal validity of the grounds for possession your landlord has stated.

For example, you had rent arrears of at least 8 weeks both when you received your Section 8 notice and during the court hearing.

If your landlord can substantiate their legal justification for possession, the court typically has to issue an eviction order.

This is the case because grounds 1–8 are categorized as “mandatory grounds” for possession. This means that if your landlord provides proof to support their claims, the court must acknowledge them.

If you require assistance understanding the reasons for your landlord’s claim of possession, consult an advisor.

Keep an eye out for the following if your landlord cites grounds 1-8 for possession:

• Your landlord’s property is being repossessed due to overdue mortgage payments.
• Your rent is late: In this scenario, if you can demonstrate that you are addressing your rent arrears and are financially able to continue paying, it’s more likely that the court will rule in your favor to remain in your home.
• Your landlord intends to move back into the property.
• You were convicted of a serious crime in proximity to your residence.

If your landlord cites grounds 9-17 for possession,

• The reasons for possession put forth by your landlord must be verified by the court as appropriate for your situation, such as property damage or rent arrears.
• The court’s judgment on whether to accept your landlord’s claims and deem it reasonable for you to vacate will follow, as grounds 9–17 are deemed “discretionary grounds.”

I Received a Notice That My Section 8 Is Being Terminated

Your landlord must initiate eviction proceedings if you receive a Section 8 notice. However, you are not immediately required to leave your home.

If the Section 8 notice is valid, your landlord must proceed to court to effectuate your eviction. If you hold a Section 8 Voucher (or Housing Choice Voucher), the Housing Authority must send you written notice before your voucher is revoked.

The notice should clarify the reasons for the revocation of your voucher.

You have the right to contest the Housing Authority’s decision to revoke your voucher. Be sure to ascertain the number of days you have to request a hearing to appeal this decision within the notice you received.

If you fail to request a hearing by the deadline, you may lose your right to challenge the Housing Authority’s conclusion.

Reasons Why Section 8 Vouchers Can Be Revoked

The Housing Authority can terminate your Voucher if you do not succeed at the hearing, and you are entitled to legal representation during this process.

Should you prevail in the hearing, the Housing Authority will continue subsidizing your rent, and you will retain your voucher.

If you do not win the hearing, you may still have the chance to appeal the decision, but this typically must be done within 90 days of the ruling. Below are some of the reasons why a Section 8 Voucher may be revoked:

• Non-cooperative: As a voucher holder, you must disclose who resides in your dwelling and their income.
• Unlawful Activities: This is complex. Federal guidelines dictate policies for termination based on criminal activities, but individual housing authorities can establish their own regulations, provided they do not conflict with federal laws or case law. Violations can include manufacturing methamphetamine in federally subsidized housing, drug offenses, violent crimes, sexual assault, and domestic violence.
• Diversified Motives: This falls under 24 CFR § 982.551. Reasons may include:
  • Leaving, breaching, or terminating leases.

The “Reasons” mentioned above provide insight into why and how a Section 8 voucher might be revoked. However, the public housing authority has various options besides eviction.

Section 8: Termination and Dispute

If you receive a notice indicating that your Section 8 voucher is being terminated, it’s essential to challenge that notice.

Even a legally valid termination notice can be contested since the housing authority is obligated to consider “all relevant circumstances,” including proof of rehabilitation and the impact on innocent household members. If you wish to dispute that notice, consider the following approaches:

• Anecdotal Evidence: A tenant can strengthen their case by presenting proof if they truly disagree with the housing authority’s reasons for termination. During the “informal hearing,” it’s beneficial to offer witnesses, written statements (having those who provide written declarations also available by phone is ideal), and other tangible evidence.

• Pleasure And Excitement: Many federal regulations regarding drug and criminal terminations stipulate that an employee may be dismissed if they pose a threat to the “health, safety, or right of pleasure and excitement of the premises by other inhabitants.” A tenant can significantly bolster their case by securing statements from landlords or neighbors affirming that their safety and ability to enjoy their surroundings were not compromised.

• Individualizing The Circumstance: Personalizing their circumstances can benefit a tenant. They could provide character references or gather a diverse group of supporters to advocate for a second chance.

• Reformation: If a tenant’s voucher was terminated due to substance misuse, illegal drug use, or a mental health crisis, they might contest this decision by presenting evidence of having undergone rehabilitation. Proof of participation in a rehabilitation program would be necessary in this case.

Can Section 8 Housing Terminate Assistance?

A housing voucher helps cover all or part of the monthly rent for a qualifying family’s home or apartment. The Section 8 program operates under various laws and regulations, which may lead to the termination of assistance if tenants or landlords fail to comply. Below are the reasons assistance may be terminated within the Section 8 program:

• Requirements For Housing: The landlord must make any necessary repairs or improvements if the rental unit does not meet quality standards. The public housing authority conducts annual inspections throughout the tenant’s occupancy to ensure compliance; landlords must address any repairs needed if the property fails inspection.
• Requirements For Tenants: Tenants are obligated to adhere to their lease terms, including paying rent punctually and maintaining the property in good condition. Typically, the public housing agency provides tenants a deadline to meet inspection standards if the rental unit fails inspection. Section 8 assistance can be suspended if tenants do not pass the re-inspection. Severe damage to the home or apartment may jeopardize the tenant’s lease.

• Additional Grounds for Terminating Assistance: Under Section 8 regulations, tenants must promptly inform the housing authority of any changes in household size or income. Failure to report these changes may result in losing their position within the program.

In Summary, if you receive a notice indicating that your Section 8 voucher is set for termination, do not hesitate to appeal the notice. Although legal grounds may exist for revocation, the housing authority must thoroughly evaluate your circumstances. A well-constructed argument can potentially overturn even a seemingly valid reason for terminating a voucher.