(a) General description. (1) In the HUD Housing Choice Voucher (HCV) program, HUD pays rental subsidies so eligible families can afford decent, safe, and sanitary housing. The HCV program is generally administered by State or local governmental entities called public housing agencies (PHAs). HUD provides housing assistance funds to the PHA. HUD also provides funds for PHA administration of the program.
(2) Families select and rent units that meet program housing quality standards. If the PHA approves a family's unit and tenancy, the PHA contracts with the owner to make rent subsidy payments on behalf of the family. A PHA may not approve a tenancy unless the rent is reasonable.
(3) Subsidy in the HCV program is based on a local “payment standard” that reflects the cost to lease a unit in the local housing market. If the rent is less than the payment standard, the family generally pays 30 percent of adjusted monthly income for rent. If the rent is more than the payment standard, the family pays a larger share of the rent.
(b) Tenant-based and project-based assistance. (1) Section 8 assistance may be “tenant-based” or “project-based”. In project-based programs, rental assistance is paid for families who live in specific housing developments or units. With tenant-based assistance, the assisted unit is selected by the family. The family may rent a unit anywhere in the United States in the jurisdiction of a PHA that runs a voucher program.
(2) To receive tenant-based assistance, the family selects a suitable unit. After approving the tenancy, the PHA enters into a contract to make rental subsidy payments to the owner to subsidize occupancy by the family. The PHA contract with the owner only covers a single unit and a specific assisted family. If the family moves out of the leased unit, the contract with the owner terminates. The family may move to another unit with continued assistance so long as the family is complying with program requirements.
[60 FR 34695, July 3, 1995, as amended at 64 FR 26640, May 14, 1999; 80 FR 8245, Feb. 17, 2015]
Notes of Decisions
Cited in
147
cases (
44 in the last 5 years), 1997–2026 · leading case:
Sabi v. Sterling, 183 Cal. App. 4th 916 (Cal. Ct. App. 2010).
Sabi v. Sterling, 183 Cal. App. 4th 916 (Cal. Ct. App. 2010).
· cites it 6× “” ( 24 C.F.R. § 982.1 (a)(1) (2010).) There is a distinction between “project-based” and a “tenant-based” assistance.”
Hardaway v. Dist. of Columbia Hous. Auth., 843 F.3d 973 (D.C. Cir. 2016).
· cites it 4× “24 C.F.R. § 982.1 (a)(1). Once a public housing agency selects a family to participate in the program, it issues that family a voucher based on the family’s size.”
Nicole Dussault v. RRE Coach Lantern Holdings, LLC, 2014 ME 8 (Me. 2014).
· cites it 6× “See 24 C.F.R. § 982.1 (2013). The Housing Authority calculates an amount of rent for which the recipient is responsible, which is usually equal to thirty percent of the recipient’s adjusted 2 The federal program originated with section 8 of the United States Housing Act of 1937,…”
Park Vill. Apt. Tenants Ass'n v. Mortimer Howard Trust, 636 F.3d 1150 (9th Cir. 2011).
· cites it 4× “" 24 C.F.R. § 982.1 (b)(1). Project-based assistance is appurtenant to specific housing units, pursuant to which the government provides rental assistance payments to unit owners on behalf of low-income tenants in those units.”
Powell v. Hous. Auth. of Pittsburgh, 812 A.2d 1201 (Pa. 2002).
· cites it 8× “24 C.F.R. § 982.1 (a)(2). If the PHA approves the tenancy, the PHA and the owner enter into a housing assistance payment contract ("HAP contract") under which the PHA makes rental payments to subsidize occupancy.”
Theodore Hayes v. Philip Harvey, 903 F.3d 32 (3rd Cir. 2018).
· cites it 4× “The program, which is funded by the Department of Housing and Urban Development ("HUD") and administered by local public housing agencies ("PHAs"), 24 C.F.R. § 982.1 (a)(1), generally provides two different types of rental assistance: "project-based" subsidies and "tenant-based"…”
Columbus Park Hous. Corp. v. City of Kenosha, 2003 WI 143 (Wis. 2003).
· cites it 5× “Utilizing the court of appeals' methodology, we note that the Authority: (1) approves of a family's unit and tenancy, 24 C.F.R. § 982.1 (a)(2); (2) may provide information regarding tenancy and drug history to owner to *75 assist in owner's screening of tenants, 24 C.”
Burbank Apts. Tenant Ass'n v. Kargman, 48 N.E.3d 394 (Mass. 2016).
· cites it 3× “§ 1437f(a); 24 C.F.R. § 982.1 (a)(1). For project-based assistance, the “rental assistance is paid for families who live in specific housing developments or units.”
Figgs v. Boston Hous. Auth., 14 N.E.3d 229 (Mass. 2014).
· cites it 5× “So ordered. 2 In the United States Department of Housing and Urban Development (HUD) Housing Choice Voucher Program (Section 8), HUD “pays rental subsidies so eligible families can afford decent, safe and sanitary housing.”
Gaston v. CHAC, INC., 872 N.E.2d 38 (Ill. App. Ct. 2007).
· cites it 4× “” 24 C.F.R. §982.1 (a)(1) (2006). HUD “provides housing assistance funds” to CHAC, and then CHAC makes payments directly to landlords, on behalf of the tenants in the program.”
Liberty Resources, Inc. v. Philadelphia Hous. Auth., 528 F. Supp. 2d 553 (E.D. Pa. 2007).
· cites it 4× “” 24 C.F.R. § 982.1 (a)(1) (“Part 982 is a unified statement of program requirements for the tenant-based housing assistance programs under Section 8 of the United States Housing Act of 1937 (42 U.”
Khan v. Bland, 630 F.3d 519 (7th Cir. 2010).
“24 C.F.R. § 982.1 (a). A PHA must comply with HUD regulations and other HUD requirements for the program.”
— 24 C.F.R. § 982.1(a) — 2 cases
— 24 C.F.R. § 982.1(b) — 1 case
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