Also known as:Section 8 · housing choice voucher · Section 8 voucher
Written by attorneys · grounded in primary & secondary sources — see below
A federal housing assistance program under which the government issues vouchers to low-income tenants to subsidize rent in privately owned housing units. Landlords participating in the program may not evict tenants without good cause.
Sources & Authorities
How it applies
Common Examples
6
Voucher Tenant Faces Eviction Attempt
Simon Stern receives a Section 8 voucher and leases an apartment from a participating landlord. After six months the landlord serves notice to evict without alleging nonpayment or lease violation. The court denies the eviction because the landlord failed to show good cause as required for Section 8 tenants.
Landlord Seeks to End Participation
Samantha Stone holds a Section 8 voucher for an apartment owned by Skyline Construction. The company notifies her it will no longer accept vouchers after the lease term. Stone remains protected from eviction without good cause until she can relocate under program rules.
Waiting List Priority Dispute
Sophia Singh applies for a Section 8 voucher in a county where African-American applicants comprise most of the list. Local officials attempt to bypass the list for non-qualifying applicants. A court orders the housing authority to follow federal voucher allocation procedures.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Model Codes
Restatements
Casebooks
Subsidy Condition Challenged
Stephen Shaw leases under Section 8 and the landlord seeks to convert the building to market-rate units. Federal rules require good cause for any displacement. The housing authority denies the conversion request to protect existing voucher holders.
Landlord Attempts Nonrenewal
Santiago Sanchez receives notice that his Section 8 landlord will not renew the lease at term end. No good cause is stated. The tenant successfully obtains an injunction preventing eviction because the program prohibits termination absent good cause.
Voucher Transfer After Relocation
Sarah Sullivan holds a Section 8 voucher but must move when the building is condemned. The housing authority issues a portable voucher allowing her to lease elsewhere. The new landlord may not evict without good cause once the lease begins.
Common questions
Frequently Asked
3
What protection does Section 8 provide against eviction?+
Section 8 housing prohibits eviction of participating tenants without good cause. The federal statute requires landlords to demonstrate a qualifying reason such as nonpayment or lease violation before terminating a tenancy.
Supporting sources
How does a tenant obtain Section 8 assistance?+
A tenant receives a voucher from the local housing authority, locates a private landlord willing to participate, and secures approval for the unit. The government then pays a portion of the rent directly to the landlord.
Supporting sources
Does the good cause requirement apply after the initial lease term?+
Yes. The statutory protection against eviction without good cause continues for the duration of the tenant's participation in the Section 8 program regardless of lease renewal status.
Supporting sources
438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)Property
…L. Rev. 574, 574 n. 1 (1972), citing Huxtable, Bank’s Building Plan Sets Off Debate on “Progress,” N. Y. Times, Jan. 17, 1971, section 8, p. 1, col. 2. [^maj-3]: See, e. g. , N. Y. C. Admin. Code § 205-1.0 (a) (1976). [^maj-4]: Gilbert, Introduction, Precedents for the Future, 36 Law & Contemp. Prob. 311, 312 (1971),…