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Lawyers Manual - Unified Court System

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272 Amy E. Schwartz and Sharon Stapel<br />

Importantly, VAWA III provides that an individual’s status as a survivor of<br />

domestic violence, dating violence, or stalking, is not an appropriate basis for<br />

denial for admission or denial of housing assistance to an otherwise qualified<br />

applicant into the public housing or the Section 8 programs. 108<br />

Section 8 (The Housing Choice Voucher Program)<br />

Tenant-Based Subsidies<br />

Section 8 is the federal government’s largest program for aiding lowincome<br />

families, the elderly and the disabled. Although there are actually many<br />

separate subsidy programs within the federal Section 8 program, this article<br />

will only address the main tenant-based voucher program, the Housing Choice<br />

Voucher program. The Housing Choice Voucher program is the one that most<br />

survivors of domestic violence advocates will be referring to when they say<br />

“Section 8,” and it is by far the program which makes up the bulk of HUD’s<br />

tenant-based subsidies. 109 Under the tenant-based Section 8 voucher program,<br />

people use vouchers to help pay for their own housing in the private rental<br />

market. Once the voucher holder finds a landlord willing to participate in the<br />

program, that landlord will enter into a subsidy contract called a “Housing<br />

Assistance Payments” contract. The housing subsidy is then paid directly to the<br />

landlord by the PHA on the participant’s behalf. The participant will have to<br />

pay the landlord the difference between the subsidy and the actual rent charged.<br />

The size of the voucher will vary based upon the participant’s income, the<br />

family size and composition, as well as the “payment standards” determined by<br />

the local public housing agency. 110 The “payment standards” will be based on<br />

the housing market in the community and will vary regionally. 111 For example,<br />

in 2006, the fair market rent for a two bedroom is $1,133 in New York City<br />

and $656 in Rochester. For other areas of the state, see the HUD Fair Markets<br />

Rents for FY 2006 published at 70 Fed. Reg. 57654, or available online at:<br />

http:// huduser.org (select “Data Sets” then “Fair Market Rents.”) A voucher<br />

holder is free to choose any housing type (house, apartment, or townhouse).<br />

However, for the housing to be approved, the landlord must consent to rent to<br />

the tenant under the terms and conditions of the PHA contract and the housing<br />

unit must be formally approved by the PHA to determine whether it meets the<br />

housing quality standards. Because private landlords are not required to accept<br />

Section 8/Housing Choice vouchers, as a practical matter, a voucher holder’s<br />

options may still be severely limited.<br />

Eligibility for the Section 8 program is determined by the local PHA based<br />

upon the applicant’s total annual gross income and family size, as well as other

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