Donate to NLS

The advocates at NLS provide services at no cost to our clients. Your help in advocating for the rights of low income children, families, seniors, and unemployed workers will profoundly and positively affect their lives and benefit the communities we serve.

NLS is a non-profit organization and your gift is tax deductible. To make a donation, please contact Roberta O'Hara at (702) 386-0404.

Subsidized Housing

Nevada Legal Services represents low income tenants in a variety of housing and eviction matters. Our staff seeks to preserve decent, safe, and affordable housing for low income tenants throughout Nevada.

This section discusses subsidized housing, and there are many types of subsidized housing. This section will help you identify what common types of housing are available to you, what obligations you have under the program, when you can be terminated from the program and your appeal rights. Keep in mind this is a summary of common programs and not an exhaustive list.

NOTE: The information contained on this page is for general background information only. If you have a legal question, it is best to consult with an attorney.

What types of housing are available?

Examples of subsidized housing include:

Section 8 vouchers
Conventional Public Housing
Project-Based Section 8 programs
Low Income Housing Tax Credit, Section 42
Shelter Plus Care
USDA Housing
Section 236 Projects
Section 202 for elderly


SECTION 8 (24 CFR 982)

What is Section 8 Voucher assistance?
Who is eligible for Section 8 assistance?
How do I apply for Section 8 assistance?
Can I be denied admission in the Section 8 program?
What happens if I am denied admission to the Section 8 program?
What are my obligations under the Section 8 program?
What if I violate my family obligations and the Housing Authority decides to terminate my assistance?
What if I disagree with the housing authority’s decision to terminate my assistance?

What is Section 8 Voucher assistance?

A Section 8 Housing Choice Voucher is commonly known as “a voucher” or “section 8.” This type of voucher is tied to you; therefore, you can choose where you want to live within your housing authority’s jurisdiction as long as the landlord accepts section 8. You will pay part of your rent, and the housing authority will pay part of your rent. With section 8, there is a deep subsidy. Thus, your rent plus utilities is usually 30-40% of your household’s gross monthly income. The rent must be “reasonable” as set forth by the housing authority, and approved by the housing authority. Rent cannot exceed the voucher payment standard (set by the housing authority and HUD). There can be no side payments or side deals with the landlord to pay more rent than contracted for, or for any other payments outside of the lease. With section 8, you pay your portion of your rent directly to the landlord. The housing authority, pursuant to a Housing Assistance Payments (“HAP”) contract, pays its portion of the rent directly to the landlord.

The housing authority must approve your tenancy with the private landlord. Thus, the housing authority must approve your lease as well as your unit. In order to approve the unit, the housing authority will conduct an initial Housing Quality Standard inspection before you move in (and from then on will inspect you unit once annually). When the unit is approved, the housing authority and the landlord will enter into the HAP contract. If there is a conflict between your lease and the HAP contract, the HAP contract will control.

Local Housing Authorities:

In Clark County: Southern Nevada Regional Housing Authority (SNRHA)
In Washoe County: Reno Housing Authority (RHA)
In all other counties: Nevada Rural Housing Authority (NRHA)

Who is eligible for Section 8 assistance?

To be eligible for section 8 assistance, the applicant must be a “family,” be income eligible and be a citizen or a noncitizen who has eligible immigration status.

A “family” may be a single person or a group of persons. Income eligibility is based on the family’s annual gross income. Applicants must be “low income” per the guidelines set forth by HUD and the housing authority. Applicants must be citizens or eligible non-citizens. An eligible non-citizen includes a legal permanent resident, those granted discretionary permanent resident status, an applicant admitted as a refugee or pursuant to a grant of asylum, an applicant granted amnesty under INA 245A, or those lawfully present pursuant to the Attorney General’s discretion.

The housing authority will conduct annual re-examinations to ensure that you qualify for housing assistance. You can also request an interim examination if your income changes. You must timely report any changes to your income or family composition to the housing authority.

How do I apply for Section 8 assistance?

If you are seeking this type of housing assistance, then you should contact your local housing authority. For example, if you live in Washoe County, then you should contact the Reno Housing Authority. If you live in Clark County, then you should contact Southern Nevada Regional Housing Authority. If you live in the rural areas of Nevada, then you should contact the Nevada Rural Housing Authority. There is usually a wait list to apply for section 8. It may or may not be open when you contact the housing authority. The housing authority will tell you how to sign up for the wait list. You will need to complete the admissions paperwork, which includes turning in applications, financial documents, criminal background checks, etc.

Can I be denied admission into the Section 8 program?

Under certain circumstances, applicants may be denied admission into the section 8 program. Common reasons for denial are:

What happens if I am denied admission to the Section 8 program?

The housing authority will provide you with written notice of the decision to deny you admission to the program and state why you are not eligible. The notice must give a brief statement of the reasons for the decision. The notice must also state that you may request an informal review (appeal) of the decision, and state how to arrange for the informal review. Usually, the notice will state you have 10 days to appeal in writing. The housing authority will then assign you a hearing date in front of a hearing officer. You can review your file before the hearing. At the hearing, you should make arguments that support your retention of housing assistance. The housing authority may consider mitigating circumstances: the seriousness of the offending action, the extent of participation by the leaseholder in the offending action, the effects that the eviction would have on family members not involved in the offending activity and the extent to which the leaseholder has shown personal responsibility and has taken all reasonable steps to prevent or mitigate the offending action.

In some circumstances, informal review is not required. The housing authority is not required to provide the applicant an opportunity for an informal review for any of the following:

In determining whether to deny or terminate assistance because of action or failure to act by members of the family, the housing authority may consider all relevant circumstances such as the seriousness of the case, the extent of participation or culpability of individual family members, mitigating circumstances related to the disability of a family member, and the effects of denial or termination of assistance on other family members who were not involved in the action or failure.

What are my obligations under the Section 8 program?

If you are admitted into the section 8 program, you will have certain obligations to fulfill. Your obligations under the program are referred to as your “family obligations.” These obligations can be found at 24 CFR 982.551. Your family obligations include:

What if I violate my family obligations and the Housing Authority decides to terminate my assistance?

If you violate your family obligations, you may be terminated from the program. The housing authority will provide you with written notice of the decision to terminate your assistance and state why you are being terminated. The notice must give a brief statement of the reasons for the decision. The notice must also state that you may request an informal review (appeal) of the decision, and state how to arrange for the informal review. Usually, the notice will state you have 10 days to appeal in writing. The housing authority will then assign you a hearing date in front of a hearing officer. You can review your file before the hearing. At the hearing, you should make arguments that support your retention of housing assistance. The housing authority may consider mitigating circumstances: the seriousness of the offending action, the extent of participation by the leaseholder in the offending action, the effects that the eviction would have on family members not involved in the offending activity and the extent to which the leaseholder has shown personal responsibility and has taken all reasonable steps to prevent or mitigate the offending action.

What if I disagree with the housing authority’s decision to terminate my assistance?

If you disagree with the housing authority’s decision to terminate your assistance you may appeal by following the process outlined above. If, after the informal review, the decision to terminate you is upheld, you can appeal to district court by filing a Petition for Judicial Review. The Petition must be filed within 30 days of the housing authority’s decision. See NRS 233B and NRS 315.

-Back to Top-

PUBLIC HOUSING (24 CFR 966)

What is public housing?
Who is eligible for public housing?
How do I apply for public housing?
Can I be denied admission to public housing?
What if I am denied admission to public housing?
Can I be evicted from public housing?

What is public housing?

Public housing is a type of housing assistance where the housing authority owns and operates the housing units. It is administered through a public housing agency, such as the Reno Housing Authority, Southern Nevada Regional Housing Authority or Nevada Rural Housing Authority. In public housing, the landlord is the housing authority (also called the Public Housing Agency, or PHA). In public housing, there is a deep subsidy. Tenants pay the highest of: 10% of the family's gross income; 30% of the family's gross adjusted income; or for a family receiving welfare payments, the part of the payment specifically designated to meet housing needs; or $50, unless the PHA has obtained a waiver of minimum rent requirements (often, families pay nothing and, in fact, receive a check to assist them with utilities). Public housing units are also subject to Housing Quality Standards and will be inspected annually.

Who is eligible for public housing?

The eligibility requirements for public housing are the same as those for section 8.

The PHA will conduct annual re-examinations to ensure that you qualify for housing assistance. You can also request an interim examination if your income changes.

How do I apply for public housing?

You apply for public housing in the same manner as you apply for section 8. Thus, you should contact your local housing authority to see if you can submit an application or if there is a wait list and whether the wait list is open or will open.

Local Housing Authorities:

In Clark County: Southern Nevada Regional Housing Authority (SNRHA)
In Washoe County: Reno Housing Authority (RHA)
In all other counties: Nevada Rural Housing Authority (NRHA)

Can I be denied admission to public housing?

In some cases, the PHA has discretion to deny you admission. In other cases, the PHA must deny you admission.

The PHA must deny admission to public housing under the following circumstances:

The PHA may deny admission to public housing under the following circumstances:

The PHA will also consider:

What if I am denied admission to public housing?

The housing authority will provide you with written notice of the decision to deny you admission to the program and state why you are not eligible. The notice must give a brief statement of the reasons for the decision. The notice must also state that you may request an informal review (appeal) of the decision, and state how to arrange for the informal review. Usually, the notice will state you have 10 days to appeal in writing. The housing authority will then assign you a hearing date in front of a hearing officer. You can review your file before the hearing. At the hearing, you should make arguments that support your retention of housing assistance. The housing authority may consider mitigating circumstances: the seriousness of the offending action, the extent of participation by the leaseholder in the offending action, the effects that the eviction would have on family members not involved in the offending activity and the extent to which the leaseholder has shown personal responsibility and has taken all reasonable steps to prevent or mitigate the offending action.

Can I be evicted from public housing?

Yes, tenants may be evicted from public housing. First, you will receive written notice of the problem: serious or repeated violations of material terms of the lease, or other good cause. The PHA will first go through the administrative process of termination. If the PHA decides to continue with the termination following the adminstrative hearing process, the PHA must still evict you through court action (see below).

The PHA may terminate the tenancy only for:

The PHA may consider mitigating circumstances: the seriousness of the offending action, the extent of participation by the leaseholder in the offending action, the effects that the eviction would have on family members not involved in the offending activity and the extent to which the leaseholder has shown personal responsibility and has taken all reasonable steps to prevent or mitigate the offending action. The PHA can also consider evidence of rehabilitation in cases of drug or alcohol abuse.

The PHA may require you to exclude a household member in order to maintain residency in the assisted unit if that member is a participant or culpable for acts leading to termination.

If the PHA terminates your lease and seeks to evict you from the unit, you must receive written notice. In cases of nonpayment of rent, the PHA can issue you a 14 day notice. In cases concerning the health and safety of neighbors or the PHA, drugs or violent criminal activity, or conviction of a felony, a reasonable period of time considering the seriousness of the situation not to exceed 30 days; and  30 days in any other case.

The notice must tell you specific grounds for termination, and shall inform you of your right to make such reply as you may wish. The notice should also tell you that you can review your file and the grievance procedure. Generally, to start the grievance procedure, you must first request an informal meeting with your property manager. The property or site manager must issue you a written decision following that information meeting and provide you with information regarding the next step of the termination process. If your property or site manager decides to continue with the termination following that informal meeting, you must then request a formal hearing in writing. Usually, the notice will state you have 10 days to appeal in writing. The formal hearing will usually be heard by the PHA's hearing officer. Both you and the representatives from the PHA will be allowed to testify, present evidence and witnesses, and make whatever arguments are necessary. Following this hearing the hearing officer will issue a written decision to terminate your assistance or not terminate and allow you to continue as a tenant.

Again, remember that even if you are terminated from the program, the PHA still has to go through the eviction process, which involves court action. The court action is a de novo hearing. This means the PHA has to prove in court – even if they already presented evidence during your termination hearing – that you violated your lease or had other good cause for termination. Therefore, the notices discussed above must be followed by an unlawful detainer notice pursuant to state law. Please click here fore more information on the eviction process in Nevada.

-Back to Top-

PROJECT BASED SECTION 8 (see generally 24 CFR 247)

What is Project-Based Section 8?
Who is eligible for Project-Based Section 8 assistance?
How do I apply for Project-Based Section 8 assistance?
Can I be denied admission into the Project-Based Section 8 housing?
What happens if I am denied admission to the Project-Based Section 8 housing?
What are my obligations under the program?
Can my housing assistance be terminated?
What if I disagree with the landlord’s decision to terminate my assistance or evict me?

What is Project-Based Section 8?

Project-Based Section 8 projects are usually owned by a private landlord who administers the housing assistance program. “Project based” means that the housing subsidy is also tied to the unit. Thus, if you move out, your housing assistance will not move with you. Again, the rent for the apartment is subsidized and again generally based upon 30% of the household income. 

In project-based section 8, the landlord and the Department of Housing and Urban Development (HUD) have a contract where the owner will rent to low-income tenants. The regulations governing these programs depend on the type of and reason for the subsidy from HUD.

The housing units must be decent, safe, sanitary and in good repair. The units must also comply with state and local building and maintenance codes. The property must be inspected annually to ensure compliance with HUD requirements.

You can visit HUD's website to get a list of the project-based section 8 and other subsidized properties throughout Nevada.

Who is eligible for Project-Based Section 8 assistance?

The eligibility requirements are generally the same as those for section 8 and public housing.

The landlord will conduct annual re-examinations to ensure that you qualify for housing assistance. You can also request an interim examination if your income changes.

How do I apply for Project-Based Section 8 assistance?

You must apply to the apartment complex itself in order to be considered for admission, and the landlord will determine if you meet the admissions criteria, which includes applications, financial documents, etc.

Can I be denied admission into the Project-Based Section 8 housing?

Yes, under certain circumstances the landlord must deny you admission:

The landlord may deny you admission:

What happens if I am denied admission to the Project-Based Section 8 housing?

You must be notified in writing of the reason(s) why you were denied admission. The notice must be specific as to why you were rejected and notify you that you can dispute the rejection in writing or request a meeting within 14 days to dispute the rejection.

Any meeting to discuss the denial must be conducted by a member of the landlord’s staff who was not involved in the initial decision to deny admission. Within 5 business days of the landlord’s response or meeting, the landlord must advise the applicant in writing of the final decision on eligibility.

What are my obligations under the program?

You must supply any information that HUD or the landlord determines is necessary in administration of the Section 8 program, including submission of required evidence of citizenship or eligible immigration status. You must also supply information for use at re-examinations. You must report changes in income of $200 or more per month, as well as changes in family composition.

Can my housing assistance be terminated?

Under certain circumstances, the landlord can terminate your assistance. Project-Based Section 8 Leases include automatic renewal provisions. Thus, an owner of a Section 8 project-based assisted housing may only terminate a tenancy or refuse to renew a lease based on good cause.

You have the right to timely and adequate notice of the grounds for termination of the tenancy or subsidy, and the right to an informal meeting with management. If the informal meeting does not resolve the issue, the landlord must then seek to evict you.

The landlord may not terminate any tenancy in a subsidized project except upon the following grounds:

See 24 CFR 247.

The landlord may consider mitigating circumstances: the seriousness of the offending action, the extent of participation by the leaseholder in the offending action, the effects that the eviction would have on family members not involved in the offending activity and the extent to which the leaseholder has shown personal responsibility and has taken all reasonable steps to prevent or mitigate the offending action. The landlord can also consider evidence of rehabilitation in cases of drug or alcohol abuse.

The landlord may require you to exclude a household member in order to maintain residency in the assisted unit if that member is a participant or culpable for acts leading to termination.

What if I disagree with the landlord’s decision to terminate my assistance or evict me?

You must receive written notice that your landlord is terminating your tenancy. The notice must tell you when your tenancy will be terminated, why, the consequences of your failure to vacate, and that you have 10 days to discuss termination of tenancy with the owner. If you do not resolve the issue at the meeting, then the landlord has to evict you through the court system. You can then challenge the decision to terminate or evict through the courts. For more information on the eviction process click here.

-Back to Top-

LIHTC (Low Income Housing Tax Credit properties, Sec 42 of the Internal Revenue Code)

What is a “tax credit” property?
Who is eligible to rent at a tax credit property?
How do I apply to rent at a tax credit property?
Can I be denied admission into to rent at a tax credit property?
What are my obligations at the tax credit property?
Can I be evicted from a tax credit property?
If I have section 8, can I live at a tax credit property?

What is a “tax credit” property?

The IRS grants tax credits to developments that rent to lower income individuals at rents below the prevailing market rent. These properties are commonly known as tax credit properties, section 42 properties, or LIHTC properties. The Internal Revenue Service administers the Tax Credit program pursuant to regulations published under Section 42 of the Internal Revenue Code.

In tax credit properties, the landlord is a private landlord who administers the program. Here, you pay all your rent to the landlord at a lower rate. The rent limits are set by the local housing division (in Nevada, the Nevada Housing Division). These rents are lower than other rents in the area. Depending on the occupancy target set by the property owner/ management, some or all of the units may be tax credit units. The Nevada Housing Division must also monitor each tax credit property for compliance with the IRS rules and regulations.

The property must be suitable for occupancy, in accord with state and local health, safety and building codes.

Who is eligible to rent at a tax credit property?

Anyone can apply to rent at a tax credit property. There can be both tax credit units and non-tax credit units available at the same property.

If you want to rent a tax credit unit, then there are eligibility criteria. Tenants of these properties must have an income that is at or below fifty to sixty percent of the area median gross income for the area. You income eligibility is determined by comparing your household’s gross annual anticipated income with HUD section 8 median income limits, adjusted for household size, applicable to the project. In LIHTC properties, note that “gross annual income” is not adjusted gross annual income (in HUD programs, consideration is given to gross annual adjusted income). Thus, in LIHTC properties, allowances are not deducted to determine income eligibility for LIHTC units. You must also participate in annual income re-certifications.

The initial lease term must be at least 6 months for tax credit units. After that, the lease must be renewed unless other good cause exists to evict you (and thus, terminate your tenancy).

How do I apply to rent at a tax credit property?

You may apply to the apartment complex itself, and will be required to submit information about your anticipated and current income, student status, employment information and previous employment. Each adult member of the household submits a separate application.

Can I be denied admission into to rent at a tax credit property?

If you do not qualify for the tax-credit unit, then the landlord will not be able to claim the tax credit for that unit. In some properties, there may be other non-tax credit units available to you if you want to pay market rent.

If you do not qualify for the tax-credit unit, then you should notify the landlord in writing that you disagree with the denial and explain why you do qualify. However, unlike the section 8 and public housing programs, there is no formal appeals process.

If you believe you were denied housing for a discriminatory reason, please click here for more information on housing discrimination.

What are my obligations at the tax credit property?

In a tax credit property, you must participate in annual re-certifications. This primarly means you must certify your income and family composition every year. You must comply with your lease agreement which may include reporting changes (e.g. income or household composition) in a timely manner.

Can I be evicted from a tax credit property?

Tenants have a right to a perpetual lease unless terminated for “good cause.” This means your landlord cannot give you a No Cause notice if you reside in a tax credit unit. If you are evicted, then the landlord must follow Nevada law with respect to eviction proceedings. For more information on the eviction process click here.

If I have section 8, can I live at a tax credit property?

Yes. LIHTC properties must accept Section 8 vouchers and cannot discriminate against voucher recipients.

-Back to Top-

SHELTER PLUS CARE (24 CFR 582)

What is “Shelter Plus Care”?
What types of programs are available through S+C?
Who do I contact to apply for S+C?
Who is eligible for S+C?
What are my obligations under the program?
Can I be terminated from the program?

What is “Shelter Plus Care”?

The Shelter Plus Care program (S+C) provides grants to be used for rental assistance for permanent housing for homeless persons with disabilities. The program is designed to link rental assistance to supportive services for hard-to-serve homeless persons with disabilities (primarily those who are seriously mentally ill; have chronic problems with alcohol, drugs, or both; or have acquired immunodeficiency syndrome (AIDS) and related diseases) and their families. Supportive services are available for the duration of the rental assistance and may be required to receive assistance.

Like section 8, the S+C program must ensure that housing quality standards are met, and the program must conduct annual inspections. Also like section 8, rent must be “reasonable.” Your share of the rent is usually 30% of your gross income.

What types of programs are available through S+C?

S+C grants can be used in several ways:

Who do I contact to apply for S+C?

HUD distributes the funds for this grant to grantees, who can be the state, local government unit and PHAs. The grantees can apply for any of the above programs. You, in turn, receive assistance from the grantee. For example, in northern Nevada, Northern Nevada Adult Mental Health Services provides rental assistance. 

Who is eligible for S+C?

You must be both disabled and homeless to receive assistance through this program:

Citizenship or eligible immigration status is required to receive S+C rental assistance through moderate rehabilitation for single room occupancy dwelling.

What are my obligations under the program?

You must participate in annual income re-examinations and supply all required documentation to the program to verify your income. You must enter into an occupancy agreement for a term of at least one month. The occupancy agreement must be automatically renewable upon expiration, except on prior notice by either party.In addition to standard lease provisions, the occupancy agreement may also include a provision requiring the participant to take part in the supportive services provided through the program as a condition of continued occupancy.

Can I be terminated from the program?

Yes, if you violate program requirements or conditions of occupancy. Before terminating your assistance, you must be notified in writing of the reasons for termination and given an opportunity to dispute the termination.

The program must exercise judgment and examine all extenuating circumstances in determining when violations are serious enough to warrant termination, so that your assistance is terminated only in the most severe cases. The program is not prohibited from resuming assistance to a participant whose assistance has been terminated.

-Back to Top-

USDA HOUSING (7 CFR 3560, 3565)

What is USDA Housing?
Who is eligible for USDA Housing?
How do I apply for assistance?
Can I be denied admission USDA Housing?
What if I am denied admission to the program?
What are my obligations under the program?
Can I be terminated from the program?
Is there a grievance process?

What is USDA Housing?

The United States Department of Agriculture (UDSA) has different housing programs that subsidize rent for low-income tenants.

Section 515 offers direct loans to owners to provide housing for low income, disabled and elderly households.  Section 514/516 Farm Labor Housing program provides funds to support the development of housing for farm labor.

Tenants at these projects are eligible for the Section 521 Rental Assistance program. Like project-based section 8, the projects are owned by a private landlord who administers the housing assistance program. The housing subsidy is also tied to the unit; thus, if you move out, your housing assistance will not move with you. The rent for the apartment is subsidized and again generally based upon 30% of the household income. In Section 521 properties, not all of the units are required to be subsidized. The owner and the USDA may contract for a designated number of units to receive a subsidy.   

Who is eligible for USDA Housing?

To receive section 521 assistance, you must be income eligible and be an eligible household. You must also be a United States citizen or qualified alien.

Income eligibility (the USDA housing programs consider adjusted income):

(With respect to Farm Labor housing programs, there are additional requirements. For example, one of the requirements in the Farm Labor program is that you be a domestic farm laborer, retired laborer or family of a deceased laborer. If you have specific questions about these requirements, see 7 CFR 3560.575 and 7 CFR 3560.624.)

The owner must provide decent, safe and sanitary affordable housing to the occupants and comply with all state and local laws.

How do I apply for assistance?

You must fill out the landlord’s rental application. If there are no units available then the landlord must put you on the waiting list. Within 10 calendar days of receipt of a complete application, the landlord must notify you in writing that you has been selected for immediate occupancy, placed on a waiting list, or rejected.

To find USDA housing, contact a USDA Service Center in your county. They can inform you as to what projects offer USDA housing assistance.

Can I be denied admission USDA Housing?

Yes, the landlord can deny you admission for criminal activity or alcohol abuse by household members or if you refuse to sign the required consent forms, or if you fail to provide documentation regarding social security numbers.

What if I am denied admission to the program?

If you are denied admission you must be notified in writing. The landlord must tell you why you have been denied and your right to appeal within 10 calendar days and your right to a hearing. If you appeal within 10 days, the landlord must offer to meet with you within 10 calendar days of receiving the grievance. If the issue is not resolved during that meeting, the landlord must prepare a summary of the problem and submit the summary you and the Agency within 10 calendar days. After receipt of the summary, you have 10 days to request a hearing. You have the right to review your file prior to the hearing. A hearing officer will make a decision whether you should be admitted or not, and that decision must be issued within 10 days of the hearing. It will be final 10 days after it is submitted, unless the USDA notifies you within that time that the hearing officer did not comply with the regulations.

What are my obligations under the program?

You and all adult family members must sign consent forms to authorize the landlord to collect information to verify eligibility, income, assets, expenses, and deductions. If you do not sign the consent forms, you can be denied assistance. You must also provide your social security number and report changes in income. You must comply with the landlord’s occupancy rules, which must be included with your lease agreement. You must also comply with annual re-certifications. If your income changes by $100 or more per month you must inform your landlord and re-certify. If your income changes by $50 or more per month you may request re-certification.

If you become ineligible during your tenancy, you will be given notice that you must vacate the property within 30 days or at the end of your lease, whichever is longer.

Can I be terminated from the program?

Yes, under certain circumstances, you can be terminated from the program.

The landlord can only terminate or refuse to renew your lease if you are no longer eligible for assistance or for material non-compliance with the lease provisions, material non-compliance with the occupancy rules, or other good cause. Prior to terminating a lease, the landlord must give you written notice of the violation and give you an opportunity to correct the violation. Subsequently, termination may only occur when the incidents related to the termination are documented and there is documentation that you were given notice prior to the initiation of the termination action that your activities would result in occupancy termination.

Material non-compliance with lease provisions or occupancy rule is defined as:

Good cause is defined as:

Is there a grievance process?

Yes. You can file a grievance in writing regarding the landlord’s action or failure to act in accordance with the lease or USDA regulations that results in a denial, significant reduction, or termination of benefits or when a tenant or prospective tenant contests a landlord’s notice of proposed adverse action.

Generally, you can file a grievance when:

You must submit your grievance in writing to the landlord.  The landlord must offer to meet with you within 10 calendar days of receiving the grievance. If the issue is not resolved during that meeting, the landlord must prepare a summary of the problem and submit the summary you and the Agency within 10 calendar days. After receipt of the summary, you have 10 days to request a hearing. You have the right to review your file prior to the hearing. A hearing officer will make a decision whether you should be admitted or not, and that decision must be issued within 10 days of the hearing. It will be final 10 days after it is submitted, unless the USDA notifies you within that time that the hearing officer did not comply with the regulations.

Note that lease violations that would result in the termination of tenancy and eviction are specifically excepted from the grievance procedure. Thus, there is no right to the grievance procedure if the landlord alleges you have violated your lease. Instead, the landlord may seek to evict you through court action and you may challenge the eviction by filing a tenant’s affidavit. Click here for more information about the eviction process.

-Back to Top-

SECTION 236 and SECTION 202

Section 236 and Section 202 properties are usually project-based section 8 properties for disabled and elderly tenants.  In Section 236 properties, household gross income must be below 80% of area median income to qualify, and usually some of the units are reserved for elderly residents. In Section 202 properties, “elderly” is defined as 62 years of age or older.