House & Apartment

Subsidized housing includes public housing, housing choice vouchers and project based subsidies. Tenants who live in subsidized housing pay rent based on their income. They must report any changes in income, as well as additions or subtractions to the persons living in their homes. This might lead to changes in their rent. This article explains how the process works.

When do I have to report a change in income?

You should report any change in your income as quickly as possible, in writing.  Different programs have different rules about when you have to report and what happens when your rent changes.

Housing choice vouchers

If you have a housing choice voucher, formerly known as a Section 8 voucher, you must report the income or household composition change to the local housing authority.  The local housing authority will decide your new rent. They will give you a Housing Assistance Payment (HAP) contract amendment.  This amendment will include

• the total rent amount;
• the amount the housing authority will pay;
• the amount the tenant A person who rents a space will pay;
• any utility allowance; and
• the date the new rent takes effect. 

Project-based subsidies and public housing

If you have a project-based subsidy or live in public housing, report the change in income or household composition to the property manager.  The property manager will decide your new rent. They will give you a lease amendment.  The lease amendment will include

• the new rent;
• any utility allowance; and
• the date the new rent takes effect.

How long do I have before the new rent takes effect?

Your housing authority or property manager should tell you the date the new rent takes effect.

Project Based Subsidy

If you report an increase promptly, you are entitled to a 30 day notice of any increase in your rent. If your income goes down, your new rent decrease should take effect the next month. However, if there is a delay in reporting the decrease, the housing authority or property manager may take the position that the decrease takes effect the month after you report it. It is best to report the change as early as possible.

Housing choice voucher and public housing

The timing of rent increases and decreases based on a change in income is governed by your lease and your public housing authority's Administrative Plan or policy. You are entitled to a prompt rent reduction and written notice of any rent increase.

What if I don't think they calculated my new rent correctly?

Housing choice vouchers

If you have a voucher, you can request a hearing When the parties in a case present their sides of a case to a judge or other officer to challenge the new rent calculation. You must request the hearing within the time stated in any written notice or the housing authority's policy. If you request a hearing in time, the housing authority will schedule a hearing.  You may have to pay the new rent amount until a change is made at a hearing.

Public housing

If you live in public housing, you can challenge a new rent calculation by filing an informal grievance with the property manager.  Grievance forms should be available in the property manager’s office.  You do not have to pay the new rent amount until the hearing. But if you lose the hearing, you will have to pay the difference between what you paid and what you would've paid under the new rent amount.

Project-based subsidy

If you live in a project-based 8 unit, you are entitled to meet with the property manager to discuss a rent recalculation. Read the lease amendment notice for information on how and when to request the meeting.to challenge the new rent calculation.

What happens if I cannot afford to pay any rent?

If you have no income and find you are unable to pay even the minimum rent that the local housing authority or property manager has set, you may request a hardship exemption. If you make a request, your rent is suspended and the housing authority or property manager must make a determination whether the hardship is long-term, meaning more than 90 days. If it is determined that the hardship will last more than 90 days, rent will be set at $0 until it is determined that you can pay rent again. If it is determined that the hardship will not last more than 90 days, you will be required to repay any unpaid rent but you must be given a reasonable repayment plan.

Are there other things that could change my rent?

If you have a Housing choice voucher, you might have to pay more rent if:

• your landlord An owner of property who rents it out to a tenant is given an increase in the total monthly rent; or
• your household size decreases.

If either of these things happens, you must pay the increased rent or move to another apartment.

When should I contact a lawyer regarding my rent calculation?

If you disagree with the amount or timing of a recalculation of your rent and worry that you may not be able to pay your rent, you should contact a lawyer Someone who represents clients in courts or who gives legal advice . A lawyer can represent you at a hearing or meeting, and help you to avoid an eviction A court case brought by a landlord to get a tenant to move out or termination When something ends of your subsidy.