Section 8 Rules for Visitors and Unauthorized Guests
| |This is a question we receive quite often.
Example: You qualify for a 2 bedroom and have 3 people living in the house with you. Your uncle needs a place to stay. You have an extra bed or maybe space in the den/living room.
– Is that a problem?
– Can he stay with you?
– Or will that put your Section 8 Voucher at risk?
Here are the facts:
What you need to know about Section 8 Rules for Visitors
Section 8 Rules are very strict! It is important that you realize this right away, before you start getting yourself into trouble. Breaking the rules may mean that you will loose your voucher forever.
The only people allowed to officially live in your home have to be reported on your HUD 50058 form. This is a form that is included in the application process (and the annual renewal) for Section 8 benefits. It’s called the “Family Report” and outlines each member of your family that will be living with you. This is how Section 8 determines the amount of bedrooms you qualify for.
Even a blood relative, who is NOT officially a part of your household, is considered a guest. This can be a parent, sibling, child, grandchild, etc. This means visitation rules will apply to this person, and he/she will not be able to simply live with you.
If you want someone to stay with you for a substantial period of time, you need to receive approval from your PHA.
How Long Can a Visitor Legally Stay In My Home?
According to Section 8 rules, a visitor CANNOT stay in your house for MORE than 14 consecutive nights without approval.
Some of you may be thinking “Great, I’ll just have him/her stay out of my place once every 2 weeks and it will be all good.” WRONG!! The 2nd part of the rule states that a person CANNOT stay with you more than 21 nights total in any one year (12 month period, not calendar year).
Also, keep in mind that the burden of proof is on you, the voucher holder, not the other way around. So if you are reported (by your landlord, friend, etc.) or are accused by your PHA of having an unauthorized individual living with you, it is your responsibility to prove otherwise.
Finally, you should know that it is possible to formally petition your HA and your landlord to extend the 14 night visitation period. You must have a strong reason for this request and explain it clearly in your letter. Also, it is best to submit this letter as soon as possible; don’t want for the 14 night period to pass! If HA approves your request, be sure to keep their letter for your records.
Proving that a “Visitor” is NOT living with you
It is important to know that if you are allowing an authorized visitor to stay with you longer than allowed by Section 8 rules, you are committing FRAUD. This is because in your annual household application, which is a LEGAL document, you sign that the number of people staying with you is true and correct.
However, there may be a scenario, that you have been wrongfully accused, and that person really is a guest.
In any case, once your landlord or Housing Authority suspects that someone has been living with you without authorization, you will need to prove that they actually reside somewhere else.
Here is a list of documents you may need to present. (note, this is a general list, and a particular Housing Authority may need some additional information):
- Mail to the visitor’s “real” address
- Current utility bill from the visitor’s real address
- A lease with a visitor’s name on it
- A signed/notarized statement from the persons you are residing with and a signed/notarized statement from the allegedly-unauthorized individual as well.
What happens if it is discovered that an authorized individual has been living with you?
Depending on state and federal laws in your location, a few things may happen:
- The Housing Authority will take away your Section 8 voucher for good. This means that you will not be able to reapply for Section 8 for a set period of time, or ever in this state.
- If Housing Authority discovers that the person living with you has income, they will request documentation and raise your rent accordingly, to capture the subsidy they have overpaid.
- If you request to include this person in your household, and they are approved, your rent will also go up (if they have official income).
Overall, it is very important to find out what the rules are where you live, before you allow someone to stay with you.
Why are Section 8 Rules So Strict?
You may be wondering what the big deal is if someone starts to live with you? What is the harm?
There are two reasons why the rules are so strict:
- Housing Authorities try their best to protect residents and landlords, and to maintain drug and crime free housing. This is why, every member of your family has gone through a criminal background check, before HA approved them for Section 8. An unauthorized visitor has not gone through this criminal background check, so he/she may turn out to be a felon, sex offender, drug addict, etc. A HA would not consider this person safe and would not want them on premises.
- HA calculates the reduced amount of rent you pay, based on the reported number of people in your household and your reported income. If someone is staying with you and helping you out with rent, this means you are actually stealing money from the government. This is because if this person would be officially included in your household, your rent would be higher!
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i visit my grandma and broken a couple rules. can i be charge instead of her?
A gal my daughter works with is bragging her boyfriend just got out of prison. While he’s a felon, he does have a good paying job. In this , she has dropped couple days of work and is bragging all the money her man makes and free time she’s got. She’s got a little girl as well. This guy has already reaffended and used heroin. His drug of choice. But, has maintained his job. She has NOT reported this to section 8 housing.
so someone can stay 21 nights out of a year but not constective nights? let me know asap thanks
Can you have a person live with you as my aide? I’m disabled and need help with things that I just cant do myself. Only weekends because the person works weekdays??
Can someone on Section 8 own property in another state?
My son’s father takes him every other weekend so 4 days out of the month can he put him on his application to be approved for a two-bedroom since i have primary and he’s on my housing?
I just found out the person I was renting a room from for $500 a month is on SECTION 8. What should I do
If a person is married to their spouse and the spouse is American and the other party is from a different country they are living together for over two years and the spouse don’t want to add her to the lease . What can she do
My downstairs neighbor,his girlfriend,and their 2 year old daughter have been living in a section 8 apartment for 6 months.The last 2 months for whatever reason they started to get super loud for 3 hours on a daily basis.I confronted the boyfriend,whose name is not even on the lease because the apartment is in his father’s name,and he refuses to be quieter so I reported him to section 8 housing and he was given a written warning in the mail.My question is how long is it going to take them to get evicted and removed from the residence? I live in Massachusetts if that is important in answering my question.
What do u do when the apt complex is allowing ppl to stay with u ? As in move into apt staying everyday and night Knows doesn’t care? I have told ppl in unit that is no suppose to be allowed you could loose everything for your children have no home but again apt complex knows and doesn’t care. But I do I don’t want someone who actually can follow rules to boot my grandsons out of their home. Because complex is acting this way and do not follow rules they r making everyone feel oh well I’m not gonna get in trouble cause they don’t care. So sick of every one thinking they don’t have to follow rules.
please help me understand how someone tells me, there on section 8 has a live in
boyfriend that goes to work at the same time everyday ,Sales Drugs ,just got his DL back , I’ve live next door to this person on section 8 for just 6months these are Town Home very close together? this person has a young Middle school age child not there, this person has told me the child is
her sisters that’s in prison. this person has two dogs that are not services dogs but
says they are,but they attack people, Animal control is involved . the landlord was the one to tell me no one is suppose to be living there in the apartment with this
person because she is the only one on the lease and is on section 8,the landlord has said there is only suppose to be one pet there it’s in the lease? She stated the
Housing Authority will not do anything at all, Now this person just brought a New SUV along with the Boyfriends Car, TV. Beds, because this person told me
when they get there Disability There going to do these things . this person says i
will show you how to get over on the system no one watches any more and she
has a Big family that knows a lot . I just want peace, and a way to move to another
section 8 accepted apartment .why won’t the landlord do anything or HHA ?