Tip of the Month - June 2023

 
Pros & Cons of Section 8 Housing Program

Source: Every Landlord’s Legal Guide-15th Edition
By: Marcia Stewart, Attorney’s Janet Portman-Ann O’Connell


Pros: Section 8 is a mixed bag for Landlords.  It offers several advantages: The Housing Agency pays the larger part of the rent on time every month. The Tenant’s responsibility is low enough that they should not have too much trouble paying on time either. If the Tenant does not pay the rent and you have to evict them, the Housing Agency guarantees you will receive any unpaid rent as well as compensation for any Tenant damages, up to a certain limit.

If your  neighborhood or area is popular with low-income Tenants, you will not have a shortage of potential Tenants.

Cons: Section 8’s disadvantages are legion, however: they include: Housing Agencies often lowball market rent, and the program caps the Security Deposit (which might be lower than your state’s maximum).

Your are locked into a tenancy agreement for one (1) year, and can only terminate it for nonpayment of rent or other serious breach of the lease. (Evictions based on other grounds are difficult).

When HUD experiences a budget crunch, it cuts the public housing agencies budgets. As a result, the housing agencies are likely to lower the Landlords allotments.  Though this practice is legally iffy, it is done anyway.

To qualify, new Section 8 Landlords must often wait up to a month or longer for a mandatory inspection-during which they see no rent.  These inspections are often picky, minor violations that state inspectors would not cite for.

Call your local public housing agency of you wish to participate in the Section 8 Program. They will refer eligible applicants to you, arrange for an inspection of the rental property, and prepare the necessary documents (including the lease addendum) if you decide to rent to an eligible applicant.  Be sure to get a copy of the Section 8 rules & procedures that all participating Landlords must use. Often, they very significantly from your state or local law.

This web page was updated 05/31/2023.