24 C.F.R. § 982.302
Issuance of voucher; Requesting PHA approval of assisted tenancy
(a) When a family is selected, or when a participant family wants to move to another unit, the PHA issues a voucher to the family. The family may search for a unit.
(b) If the family finds a unit, and the owner is willing to lease the unit under the program, the family may request PHA approval of the tenancy. The PHA has the discretion whether to permit the family to submit more than one request at a time.
(c) The family must submit to the PHA a request for approval of the tenancy and a copy of the lease, including the HUD-prescribed tenancy addendum. The request must be submitted during the term of the voucher.
(d) The PHA specifies the procedure for requesting approval of the tenancy. The family must submit the request for approval of the tenancy in the form and manner required by the PHA.
Notes of Decisions
Cited in 39
cases (17 in the last 5 years), 1998–2026 · leading case: Nicole Dussault v. RRE Coach Lantern Holdings, LLC, 2014 ME 8 (Me. 2014).
Nicole Dussault v. RRE Coach Lantern Holdings, LLC, 2014 ME 8 (Me. 2014). “982 (2013),7 has been a voluntary program with property owners free to choose to enter into lease contracts with tenants supported by vouchers only if “the owner is willing to lease the unit under the program.”
Inclusive Cmtys. Proj., Inc. v. Lincoln Prop. Co., 920 F.3d 890 (5th Cir. 2019). “24 C.F.R. § 982.302 (a). Landlords who participate in the program are responsible for screening prospective tenants and reject them if screening reveals red flags in terms of paying rent and utility bills, caring for rental housing, respecting neighbors, criminal activity, and…”
City of Austin v. Ken Paxton, 943 F.3d 993 (5th Cir. 2019). “See 24 C.F.R. § 982.302 (a). In December 2014, the City adopted a housing ordinance (the “Ordinance”), that bars landlords from refusing to rent to tenants paying their rent with program vouchers.”
Sabi v. Sterling, 183 Cal. App. 4th 916 (Cal. Ct. App. 2010). “” ( 24 C.F.R. § 982.302 (a) (2010).) A voucher is defined as a “document issued by a PHA to a family selected for admission to the voucher program.”
Nozzi v. Hous. Auth., 806 F.3d 1178 (9th Cir. 2015). “24 C.F.R. § 982.302 . When a voucher-possessing individual finds a qualifying unit, the unit owner and public housing agency will negotiate and enter into a housing assistance payment contract, which inter alia specifies the maximum monthly rent that the unit owner may charge.”
Liberty Resources, Inc. v. Philadelphia Hous. Auth., 528 F. Supp. 2d 553 (E.D. Pa. 2007). “See 24 C.F.R. § 982.302 (“PHA issues a voucher to a family.”
Reyes Ex Rel. Reyes v. Fairfield Props., 661 F. Supp. 2d 249 (E.D.N.Y 2009). “Landlord participation in this Section 8 program is voluntary, 24 C.F.R. § 982.302 (b), but HUD directs PHAs to encourage landlords with handicapped-accessible units to participate in the program as part of their effort to encourage landlord participation generally.”
Edwards v. Hopkins Plaza Ltd. P'ship, 783 N.W.2d 171 (Minn. Ct. App. 2010). “” 24 C.F.R. § 982.302 (b) (2009). But “[n]othing in part 982 is intended to pre-empt operation of [s]tate and local laws that prohibit discrimination against a Section 8 voucher-holder because of status as a Section 8 voucher-holder.”
Krisha Bowman v. City of Des Moines Mun. Hous. Agency Scott Littell in His Off. Capacity as Review Officer & Sara Henry, in Her Off. Capacity as Occupancy & Prog. Enf't Adm'r, 805 N.W.2d 790 (Iowa 2011). “See 24 C.F.R. §§ 982.302 , 982.305 (2010). Under certain circumstances, however, Section 8 voucher assistance may or even must be terminated.”
Wojcik v. Lynn Hous. Auth., 845 N.E.2d 1160 (Mass. App. Ct. 2006). “See 24 C.F.R. § 982.302 . With this voucher, the family may then locate a suitable apartment in the private market and enter into a lease that is in accordance with the applicable housing authority guidelines.”
Taylor v. Hous. Auth. of New Haven, 267 F.R.D. 36 (D. Conn. 2010). “” 24 C.F.R. § 982.302 (a). . The other legal authorities cited in the definition of this subclass are not to the contrary.”
Matter of Evans v. Franco, 710 N.E.2d 261 (NY 1999). “The approved applicant then seeks rental housing with maximum rentals and specified standards (24 CFR 982.302). The premises in question, a housing unit in a private building in Brooklyn, was occupied by Esther Silver for a number of years until her death in March 1995.”
— 24 C.F.R. § 982.302(b) — 1 case
Nicole Dussault v. RRE Coach Lantern Holdings, LLC, 2014 ME 8 (Me. 2014). “982 (2013),7 has been a voluntary program with property owners free to choose to enter into lease contracts with tenants supported by vouchers only if “the owner is willing to lease the unit under the program.”
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