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FACTSHEETS - Living with Section 8

Is a landlord required to accept Section 8?
No.

Why can't I get a place in West Hollywood (Beverly Hills, Woodland Hills, etc.)?

Because you have received a voucher or certificate in an area does not mean that you are going to be able to find an apartment in those areas. Keep in mind that you are allowed a certain amount for an apartment.

How do apartment managers get Section 8 for their apartments?

Landlords and property owners accept Section 8 at their discretion. They are required to complete the Rental Lease Agreement (RLA form) and submit the apartment to an inspection by the Housing Authority.

Can I stay in my current apartment?

You can stay as long as the landlord will participate in the program and your current residence is within the jurisdiction of the Housing Authority that provided you with Section 8.

Can my Significant Other or roommate live with me?

No. The only way around that would be if they apply with you. If that is the case, then they will be on your certificate/voucher and it will be based on both of your incomes.

What qualifies as Family Unit Status?

You must be able to provide proof that you have been in a relationship for at least 6 months. This can be proved by shared responsibilities (ie., a joint bank account or credit cards).

What if my significant other and I both qualify for Section 8?

There is a limit of one certificate or voucher per household.

What if I have a live-in caregiver?

Your doctor must provide a letter to the Housing Authority that indicates you are in need of 24-hour care. Remember, this is only a request. The Housing Authority will assess the situation for a final determination.

How many bedrooms am I entitled to?

The rule is "2 to a room," so if you are alone, or live with one other person, you would qualify for a one-bedroom. If there are three or four of you, you would qualify for a two-bedroom, and so on.

What if I find a 2-bedroom that costs within the Fair Market Rent of a 1-bedroom?

That is fine as long as the landlord will accept the face value of the certificate.

How do I get the unit inspected?

You cannot move in until the unit has passed inspection. If you move in before the Housing Authority gives you authorization, you are solely liable for the full amount of the rent until the unit passes inspection. When you receive your Section 8 voucher/certificate, the Housing Authority will provide you with an RLA form that your landlord will be required to fill out. You are responsible for hand delivering the completed RLA form to the Housing Authority. Once that form has been received, the Housing Authority will schedule an inspection.

Do I have to be available for Section 8 inspections?

Either you or the landlord will have to be available for the inspection.

What do I do if the unit fails inspection?

The Housing Authority will notify the landlord that the unit failed. They will give the landlord a certain length of time to fix the deficiency. You cannot move in until the unit has been re-inspected and has passed the second inspection. On occasion, the Housing Authority will "Pass with Comment." This means that there are deficiencies that need to be corrected, but the Housing Authority will allow you to move in before those issues are addressed.

How can I force the landlord to make repairs?

You can't. If the unit fails 3 times, the Housing Authority will stop payment. If this is the case, you will receive a "Move-Out Voucher." Start looking for a new apartment immediately.

Disclaimer of Liability:

The information contained in this material is for the sole purpose of providing general information only, and must not be construed as legal advice, or take the place of competent legal counsel. Do not rely on these materials without consulting an attorney concerning your situation. The dissemination of this information does not create an attorney-client relationship and does not seek to represent you based upon your visit or review of this information.

Every effort has been made to ensure the information contained in the material is current. However, the law does change and the general information contained within may become dated. You should seek the advice of legal counsel for specific situations and advice to the "then existing" status of the law.