Section 8 Information - Tenants
Section 8, also known as the
Housing Choice Voucher Program, provides funding for rent subsidies for eligible
low-income families for decent, safe, and affordable housing. Families can
select housing within a neighborhood of their choice. Rent subsidies
(vouchers) allow families to pay a reasonable share of their income toward rent
while the program, within specific limits, makes up the difference.
HPD’s Section 8 program is the fourth largest in the United States. We
administer approximately 29,000 Section 8 vouchers serving New Yorkers in all
five boroughs. Over 6,000 landlords currently participate in the program.
HPD’s Section 8 vouchers are reserved for eligible applicants who fall within
specific HPD preference categories or special admission programs. Applications
are not accepted from the general public, and must be submitted through
designated intermediaries from different divisions within the agency, management
staff from various housing providers, and staff from other governmental
agencies.
What is Section 8? Section 8 is a
federally funded housing subsidy program that provides low-income families the
opportunity to choose and lease safe, decent and affordable privately owned
rental housing by supplementing what they could afford on their own. Public
Housing Authorities apply to the U.S. Department of Housing and Urban
Development (HUD) for Section 8 funds, which are then provided to eligible
families in accordance with HUD rules and regulations.
In New York City, there are two Public Housing Authorities that provide
Section 8: HPD and the New York City
Housing Authority (NYCHA). In addition, the New York State Division of
Housing and Community Renewal (DHCR) administers a state-wide Section 8 program,
including New York City. Each Authority awards vouchers and administers the
program separately and distinctly.
HUD has issued income limits for the 2009 Section 8 program (see
below). These new limits were effective March 19,
2009.
Family Size
30% of AMI
50% of AMI
80% of AMI
95% of AMI
1
$16,150
$26,900
$43,000
$51,100
2
$18,450
$30,700
$49,150
$58,350
3
$20,750
$34,550
$55,300
$65,650
4
$23,050
$38,400
$61,450
$73,000
5
$24,900
$41,450
$66,350
$78,750
6
$26,750
$44,550
$71,300
$84,650
7
$28,600
$47,600
$76,200
$90,450
8
$30,450
$50,700
$81,100
$96,350
Who Receives HPD Section
8? HPD currently administers vouchers for approximately 26,000
households, including those who receive project-based assistance. Since NYCHA is
the primary public housing authority, HPD generally targets its Section 8
assistance to very specific categories of New Yorkers. These categories
currently are:
Homeless Households: Households that have a primary nighttime residence
that is either:
A publicly or privately operated shelter in HPD's jurisdiction designed
to provide temporary living accommodations, including shelters operated by
DHS and HRA and designated by HPD as eligible to receive vouchers;
or
The home of another household in HPD's jurisdiction that is allowing the
applicant to reside temporarily provided that the applicant has been
classified as homeless by HPD's Emergency Housing Services Bureau.
HPD Funded Renovation: Households that are residing in a building owned by
the City of New York or by an entity designated by the city to achieve its
housing goals, and is in need of substantial renovation. The voucher will be
issued to allow the applicant to locate permanent, alternate housing.
In Place: Households residing in buildings that have been developed (newly
constructed or renovated) with financial assistance from HPD or buildings for
which HPD maintains regulatory responsibility. To be eligible for this
preference, applicants must maintain a current rent burden of more than 30% of
their annual household income and have their application referred by HPD
program staff. Rent will be considered as the amount the applicant is
contractually bound to pay the owner plus utilities not included in the rent.
What are Enhanced or "Sticky"
Vouchers? HUD has provided special Section 8 Enhanced Vouchers to protect
the residents of rent-regulated apartments with federal assistance, when owners
pre-pay federal loans to opt out of such programs, or opt not to renew
project-based Section 8 contracts. Enhanced Vouchers, also known as Sticky
Vouchers, differ from standard vouchers in several ways:
Special allocation - the vouchers are designated specifically for the
residents of the affected units
Higher Income Limits - the income eligibility standards for Enhanced
Vouchers are 95% of the Area Median Income, as opposed to the 80% limit for
standard vouchers, shown above
Higher Payment Standards - the rents for Enhanced Vouchers are not limited
to the HPD Payment Standard, but can be up to reasonable, market rents for the
units affected
Different Minimum Tenant Shares - Enhanced Vouchers are designed to
protect residents, not confer a benefit, so the minimum rent that an Enhanced
Voucher participant pays is the tenant's payment prior to conversion
These differences for Enhanced Vouchers apply only while the participant
household resides in the housing development that converted. If the household
moves outside the affected development, the Enhanced Voucher reverts to a
standard Section 8 Housing Choice Voucher.
How HPD's Section 8 Program Differs From
NYC Housing Authority's While HPD operates a targeted Section 8 program
specially designed to help needy New Yorkers faced with particular housing
situations, NYCHA has historically operated a much larger program with a broader
focus. NYCHA's program has been in existence since the inception of the federal
Section 8 program in the 1970's and serves more than 85,000 households.
Currently, NYCHA has closed its primary waitlist, and only accepts Section 8
applications through special programs - from the homeless, victims of domestic
violence, and participants in witness protection programs.
Questions about obtaining Section 8 should be directed to NYCHA,
which has a central office at 250 Broadway, Manhattan and borough offices around
the city. Contact the City's Citizen Service Center at 311 for more
information.
Information And Assistance For Existing Tenants In
HPD's Section 8 Program Tenants who are now receiving Section 8 benefits
through HPD can reach their case manager by calling the Section 8 Information
Hotline at 917-286-4300 for assistance.
Annual Recertification HPD reexamines
family income and composition of all households at least annually. The annual
reexamination determines the continued eligibility of a Section 8 participant
and establishes the Housing Assistance Payment to be made on behalf of the
family.
Each year, HPD will send a recertification package to Section 8 families
approximately 90 - 120 days prior to their annual reexamination date. The
package must be completed within the timeframe specified and returned to HPD for
processing. Families that have questions concerning their recertification may
call the Section 8 Hotline at 917-286-4300 to speak with their case manager.
Families are also required to report interim changes in income and family
composition [both increases and decreases] in a timely manner. Failure to
comply with this requirement may result in termination from the program.
What Do I Do If My Section 8 Payments Stop
Coming? On behalf of HPD, the New York City Office of the Comptroller
issues monthly checks to owners. If these payments are terminated, the most
likely cause is that the tenant or the apartment were found to be no longer
eligible for subsidy, in which case both the owner and the tenant will receive a
written notice from HPD. Owners with questions about their payments should call
HPD's Section 8 Hotline at 917-286-4300.
What Size Apartment Is My Family Eligible
For? Apartments selected by eligible families must be the appropriate
size for the family composition. The federal rules require no more than 2
persons per sleeping area. The precise determination of the appropriate sized
unit depends upon the relationship, age and gender of the household members.
Children of the opposite sex over 3 years of age must not be required to share
the same room. The general standards are:
Housing Choice Voucher Size
Minimum No. of Persons in Household
Standard No. of Persons in Household
Maximum No. of Persons in Household
0-BR (Studio)
1
1
2
1-BR
1
2
4
2-BR
2
4
6
3-BR
4
6
8
4-BR
6
8
10
5-BR
8
10
12
6-BR
10
12
14
As noted above, apartments selected by eligible families must also pass an
on-site inspection each year. If an owner fails to correct Housing Quality
Standards (HQS) violations or a tenant damages the apartment or prevents the
owner's access to the apartment to make repairs, the Section 8 subsidy payment
may be terminated.
Apartments must also be reasonably priced with consideration to quality and
amenities to ensure that the federal government does not pay more than the
apartment is worth in the private market. The payment standards are determined
by HUD, which establishes standards at close to the average of all rents in
the particular area, and by HPD, which establishes payment standards between 90
and 110% of the HUD established rent. Below are the current payment standards
for HPD's program.
Please note that these procedures apply only to files being processed on or
after October 1st. You are not required to recalculate recertifications that
have already been processed, even if they have recertification dates after
October 1st, 2007.
The new payment standards, which increase for all unit sizes, are
listed below and in the attached chart for your reference:
SRO
0BR
1BR
2BR
3BR
4BR
5BR
6BR
7BR
8BR
New
Payment Standard
$931
$1,242
$1,344
$1,495
$1,839
$2,068
$2,378
$2,688
$2,999
$3,309
Payment Standards and Utility Allowances
Effective October 1, 2009
# of
Bed- rooms
Gas
Only
Electric
Only
Total
w/Gas & Electric
Total
w/Gas Heat and Hot
Water
Total
w/Oil Heat and Hot Water
Totla
w/Electric Heat and Hot Water
SRO
$14
$52
$66
$52
$66
$176
Studio
$14
$52
$66
$52
$66
$176
1
$15
$53
$68
$71
$94
$244
2
$15
$55
$70
$83
$113
$290
3
$17
$67
$84
$95
$132
$335
4
$18
$70
$88
$107
$151
$381
5+
$20
$78
$98
$119
$170
$426
Housing Quality Standard (HQS)
Inspection HPD is required to perform an HQS inspection of all Section 8
apartments before entering into a Housing Aassistance Payment contract with an
owner, and at least annually. The inspection confirms whether an apartment meets
minimum physical standards established by HUD.
All Section 8 families are required to provide access to HPD employees to
allow them to perform the inspection. This is a program obligation that is
listed on the voucher. A family that repeatedly fails to provide access may be
terminated from the program.
Through the annual inspection process, HPD ensures that Section 8 units meet
the HQS guidelines by requiring owners to correct deficiencies with a specified
timeframe. Special or complaint inspections are also performed on occasion. If
you believe that there are HQS deficiencies in your apartment and your landlord
has not indicated that he/she will correct them, you may call (917) 286-4300 to
report the problem.
Can I Move with My Voucher? Families receiving
Section 8 voucher assistance may not move during the initial term of their lease
except in very limited circumstances as approved by HPD. Thereafter, families
are entitled to move once every twelve months. Families must obtain a move
voucher before moving from their currently subsidized unit. Tenants who
move without pre-approval from HPD risk loosing their subsidy. To
inquire into the move process, tenants may call the Move Unit at
917-286-4300. A Section 8 Housing Choice Voucher is portable which means
that a family may move anywhere in the United States where a Section 8 program
is administered.
Families that would like to receive further information on moving
opportunities and requirements should call Section 8 at (917) 286-4300.
Calculating Tenant Payments For all
tenants who find an apartment at or below the approved Payment Standards, the
HUD formula requires the Section 8 recipient to pay the higher of
30% of adjusted income,
10% of gross income, or
a minimum payment of $50
Most eligible families in HPD's program pay 30% of adjusted income. It is
important to note that adjustments to income do not include taxes, FICA, or
the other automatic deductions to wages, nor do they include child support
payments made by household members.
For tenants receiving Temporary Assistance for Needy Families (TANF), the
tenant rent is determined by the administering agency, Human Resources
Administration (HRA) in conjunction with the State of New York, which
establishes a special rental payment schedule. This schedule is designed to
ensure that the tenant's share of rent is equal to the housing grant that HRA
allows.
Why Do Some Tenants Pay More Than 30% Of Income
Towards Rent? If a tenant finds an eligible apartment for equal or less
than the established payment standard, the tenant would not be required to pay
more than 30% of his or her income for rent. However, if a tenant locates an
apartment with a rent higher than the payment standard, they are required to pay
the difference out of their own pocket. In other words, the tenant is required
to pay his or her regular payment (30% of adjusted income, or 10% of gross
income) plus the amount by which the contract rent exceeds the approved
standard. In no event, however, shall a tenant be allowed an initial lease for
an apartment that would require them to pay in excess of 40% of their
income.
"What happens if I receive aPre-Termination Notice of Section 8 Non-Compliance, a
Notice of Section 8 Rent Subsidy Termination or a Notice of Section 8
Denial of Assistance?"
The Pre-Termination Notice of
Section 8 Non-Compliance is a serious notice that is sent to Section 8
participants when Family Obligations are not met. These obligations are
outlined on the Housing Choice Voucher, in Chapter 7 of HPD’s Administrative
Plan, and are agreed to by families when they first join the Section 8 Program,
and at annual recertification. The Pre-Termination Notice of
Section 8 Non-Compliance is an opportunity for participants to attempt
to resolve issues in a timely manner with HPD staff.
Families who receive a Notice of Section 8 Rent Subsidy
Termination may contest their subsidy termination by requesting an
Informal Hearing. To do so, participants must return the attached
Appeal of Section 8 Rent Subsidy Termination form to the HPD
Appeals Unit within 21 calendar days of the date printed on the notice.
Similarly, applicants who receive a Notice: Section 8 Denial of
Assistance may request an Informal Review to contest the agency’s
determination by returning the attached Request for Informal Review
Section 8 Assistance Denied form within 21 calendar days of the date
printed on the notice.
