House & Apartment

Landlords and tenants don't have to renew a private housing lease that's paid for in part by a Section 8 Housing Choice Voucher (HCV) as long as written notice is provided. Tenants may keep their HCV and move if they follow the housing authority's rules. In Project-Based Housing, however, the landlord must have good cause to end the lease.

Housing Choice Voucher (HCV)

Tenants with a Section 8 Housing Choice Voucher (HCV) choose where to live. Illinois landlords can't discriminate against tenants who want to use an HCV for rent. This is called "source of income" protection. If you experience discrimination while trying to use a HCV, report it right away to the Illinois Department of Human Rights.

To get their HCV, a tenant must complete a screening process. A landlord can also require their own screening before agreeing to rent to the tenant. Once a landlord agrees to rent the unit to a tenant with an HCV, the unit must pass inspection by the housing authority, and a written lease is required. The housing authority and the tenant pay the landlord their shares of rent directly.

A lease with a tenant who holds an HCV:

• Has start and end dates,
• Usually lasts a year, though the housing agency may approve a shorter term in some areas, and
• May automatically renew for the same or a different term.

During the first term, the landlord can only evict the tenant for cause.

Lease non-renewal or termination with an HCV

Instead of allowing the lease to renew, the landlord or the tenant can decide to end (terminate) the lease. When this happens, the tenant must look for new housing.

A tenant who wants to keep their voucher and use the funds for a new place must give the housing authority a written request to move. The request can be to keep the voucher and stay within the same housing authority's area or to "port" the voucher to a different housing authority with a voucher program anywhere in the United States.

The housing authority will review the tenant's household income and size and complete a criminal background check on all household members 18 or older. The move may be denied if:

• The tenant failed to report all income,
• The housing authority finds criminal activity, or
• The tenant fails twice to attend a required tenant briefing.

A voucher to move (also known as “moving papers”) will indicate the size of unit it can be used for and the date the voucher expires. This date will be either 60 or 90 days from when the voucher was issued. The housing authority may grant an extension if asked before the voucher expires but it doesn't have to.

Note: A tenant who moves without a contract between the new landlord and the housing authority can lose their voucher if they don't:

• Pay the entire rent,
• Notify the housing authority right away, and
• Have the housing authority start helping with rent payments within 180 days.

Landlord decides not to renew HCV lease

Even if a tenant with an HCV has rented the same unit for years, pays on time, and follows all the rules, a landlord may end the lease to:

• Use the unit for personal, family, or non-residential purposes,
• Sell the property,
• Renovate, or
• Seek higher rent.

A tenant who holds an HCV must be notified in writing that the lease will end and not be renewed. Both the tenant and the landlord must provide a copy of the notice to the housing authority right away.

Tenant decides not to renew HCV lease

If the tenant wants to end the lease instead of renewing, the tenant must notify the housing authority in writing. The housing authority usually will only approve the move if it's at the end of a lease term or the landlord agrees.

Exceptions include moving to:

• Protect a victim of domestic violence,
• Protect the health and safety of a family member, which includes repeated or serious housing inspection failures,
• Accommodate a change in family circumstances,
• Fix an emergency situation you have no control over, or
• Get a reasonable accommodation.

The tenant must continue paying their share of the rent until the lease ends and is expected to move out by the date specified in the notice.

Project-Based Housing

If a Section 8 tenant lives in Project-Based Housing (a voucher comes with the apartment), the landlord must have good cause to decide not to renew the lease or to evict. The tenant must be in “material noncompliance,” which can include:

• Violating the lease,
• Not paying rent,
• Not maintaining utility service to a unit,
• Criminal activity,
• Refusing to participate in recertification, or
• Declining to accept an approved, modified lease form.