House & Apartment
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Before a housing authority can take away a tenant ’s Section 8 Housing Choice Voucher (HCV), they must:
- Give written notice of why they plan to terminate the voucher, and
- Tell the tenant the deadline for requesting an informal hearing .
If the tenant doesn’t submit their hearing request by the deadline, the housing authority can take away the voucher.
The voucher holder can fight the termination even if they expect to lose. During the hearing process, the housing authority must continue paying the landlord .
Note: A tenant may not have much time to request the informal hearing. For example, Madison County’s housing authority must receive the request within 10 business days of the notice date.
Reasons for HCV termination
The housing authority must take away the voucher of any tenant evicted for a “serious” lease violation. Tenants in eviction court should consider using agreed orders to avoid an eviction judgment .
A housing authority may take away the voucher for serious or repeated lease violations. These could include:
- Non-payment of rent, depending on the circumstances,
- Failure to recertify,
- Providing false information at recertification,
- Having unauthorized occupants, or
- Criminal and drug activity.
How to fight to keep an HCV
The process for trying to keep an HCV is:
- Make a written request for an informal hearing before the deadline,
- Gather case information,
- Attend the hearing on time and present all evidence and witnesses, and
- Wait for the decision.
The tenant must make a request in writing to the housing authority by the deadline stated in the notice. Keep a copy of the request and proof of delivery. If the request is hand-delivered, ask for a receipt.
Look for legal help right away after getting notice of the termination . Having a lawyer at the hearing can be helpful because there’s only one chance to present evidence . For help finding legal aid, use Get Legal Help.
All information the tenant wants to be considered must be shared with the housing authority during the hearing .
Ask the housing authority for:
- A copy of its procedures for taking away vouchers, and
- Copies of any evidence that they plan to use.
Plan ahead to have witnesses and evidence ready at the hearing.
Each public housing authority sets its own procedure for taking away housing choice vouchers. This information is part of the housing authority’s “administrative plan.”
By federal law, all housing authorities must:
- Have someone oversee the review process who isn’t the person who made the decision to take away the voucher,
- Give a tenant whose voucher may be taken away an opportunity to state objections, and
- Provide a written final decision that states why the decision was made.
The tenant and all witnesses that the tenant wants to call must:
- Attend the hearing on time,
- Bring all their evidence , such as documents or photos, to the hearing, and
- Share all information during the hearing that the tenant wants the housing authority to consider.
The hearing gives the tenant one chance to share everything they want the housing authority to consider. This includes witness
testimony
, evidence, and reasons why the tenant should be allowed to keep the voucher.
The hearing officer usually doesn’t make the final decision at the hearing. A decision will be sent later in the mail. There is only one informal hearing for a voucher termination
.
The tenant generally receives a written decision within 10 days after the hearing . The decision will state if and when the voucher will be terminated.
When a voucher is taken away, the housing authority must state the reasons why. The housing authority will stop paying the landlord and the tenant must start paying the entire rent. A tenant can appeal the housing authority's decision in court.
Being terminated from the voucher program may prevent the tenant from getting voucher assistance in the future. Having a voucher taken away may also make getting into public or subsidized housing harder.
If the tenant is successful at keeping the voucher, the housing authority will continue paying the landlord.
Worried about doing this on your own? You may be able to get free legal help.
