It’s important to understand your rights and the steps you can take to address the problem.
If you’re a California tenant who participates in the Section 8 Housing Choice Voucher Program (“Section 8 Tenant”) facing problems with your landlord or housing authority, it’s important to act quickly to protect your rights. Unfortunately, Tenant Law Group cannot assist all tenants who contact our firm. However, we believe in empowering all California renters with knowledge. This page is a free resource for tenants navigating issues specifically related to Section 8.
What Is Section 8 Housing and How Does It Work in California?
The Section 8 Housing Choice Voucher Program is a federal program that helps eligible low-income tenants afford housing in the private rental market. It is funded by the U.S. Department of Housing and Urban Development (HUD) and administered locally by Public Housing Authorities (PHAs) throughout California. Section 8 Tenants pay about 30% of their income toward rent, while the rest is covered by the government and paid directly to the landlord.
What Are My Rights as a Section 8 Tenant?
As a Section 8 Tenant in California, you have the same rights as other renters:
Right to safe, habitable housing.
Right to equal treatment regardless of voucher use.
Right to request repairs and timely maintenance.
Right to written notice before eviction or rent changes.
Are There Any Protections for California Section 8 Tenants?
As of January 1, 2020, it is illegal for California landlords to discriminate against tenants based on their source of income, including housing vouchers. This protection was created by Senate Bill 329, which amended the Fair Employment and Housing Act.
Landlords may not:
- ● Refuse to rent to you because you use a Section 8 voucher.
- ● Post advertisements that say “No Section 8.”
- ● Delay or deny applications because of rent subsidies.
What Can I Do If My Landlord Isn’t Following the Rules?
Even with legal protections, some landlords continue to violate the rights of Section 8 Tenants. If your landlord is ignoring your rights, here’s how you can respond:
- ● Document everything: Keep records of communication, photos of conditions, and copies of notices.
- ● Report discrimination: If a landlord refuses to rent to you because of your voucher, or treats you differently, file a complaint with the California Civil Rights Department (CRD).
- ● Contact your housing authority: PHAs can inspect your unit, investigate housing quality violations, and help enforce compliance.
- ● Speak with a legal aid organization: Many nonprofits can help you understand your rights and represent you if necessary.
Can Section 8 Tenants Lose Their Vouchers in California?
Section 8 Tenants can lose Section 8 housing assistance for various reasons, often related to program compliance. Below are the ten most common reasons vouchers are terminated:
1.
Missing annual recertification deadlines.
2.
Failing to report new income or household members.
3.
Inspection issues (damages, blocked access, or failure to report unsafe conditions).
4.
Eviction for lease violations, such as nonpayment of rent or property damage.
5.
Drug-related or violent criminal activity.
6.
Providing false information or documents.
7.
Refusing to cooperate with the housing authority.
8.
Failure to pay for required utilities.
9.
Alcohol abuse that disturbs others.
10.
Threatening or violent behavior in the housing community.
Can I Appeal a Voucher Termination in California?
Yes. If your housing authority terminates your voucher, you have the right to an informal hearing. At the hearing, you can:
Present your side of the story.
Bring witnesses and evidence.
Be represented by an advocate or lawyer.
You must request the hearing within the timeframe listed in your notice (usually 10 days). Don’t wait—acting quickly is essential.
Where Can I Get Legal Help as a Section 8 Tenant?
If you are a Section 8 Tenant and Tenant Law Group is unable to represent you, the following legal aid and advocacy organizations can assist:
Additional Resources
● Section 8 FAQs – HUD
Disclaimer: This page provides general information about landlord-tenant laws in California and is not intended as legal advice. We encourage you to consult with a qualified tenant attorney or local tenant advocacy organization for guidance specific to your situation.
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