Luna Harper
The Housing Choice Voucher program, formerly known as Section 8, is a federal government-funded subsidy program that assists low-income families with their rent. While Section 8 is an accepted program across the US, it is up to individual states and cities to decide if landlords must accept Section 8 tenants. In Colorado, landlords are required by law to accept Section 8 tenants, and may not discriminate based on source of income. However, some landlords are exempt from this requirement.
| Characteristics | Values |
|---|---|
| Section 8 Housing | Now referred to as Government Subsidized Housing |
| Legal Requirement | Landlords are required by law to accept Section 8 |
| Discrimination | Discrimination based on source of income is prohibited by law |
| Income | Tenants pay 30-40% of their monthly income as rent, while the government pays the rest |
| Screening | Section 8 tenants come pre-screened, reducing work for landlords |
| Payment | Payments are guaranteed and scheduled |
| Demand | There is a high demand for Section 8 housing, with over 1 million families on the waiting list |
| Application | Applicants must contact their local Public Housing Authority (PHA) to apply |
| Inspection | The rental unit must pass a PHA inspection before the tenant can move in |
| Appeal | Section 8 applicants and participants are entitled to an informal appeal and review process |
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What You'll Learn
Landlords must accept Section 8
In Colorado, landlords are required to accept Section 8, also known as Government Subsidized Housing. This is a form of income-based housing assistance, where tenants pay about 30% to 40% of their monthly household income for rent, and the government covers the remaining cost.
The Housing Choice Voucher program, formerly known as Section 8, is a federal initiative that helps low-income families secure safe, decent, and affordable housing. In Colorado, there are over 68 Public Housing Authorities (PHAs) that operate independently to manage these vouchers.
While landlords in Colorado must accept Section 8, some exemptions do exist. For example, individual landlords managing their own properties with three or fewer units are exempt. Additionally, landlords with five or fewer units are exempt for single-family units.
The change requiring landlords to accept Section 8 was implemented in 2020 with the passing of HB20-1332, which established a tenant's source of income as a protected status. This means that landlords cannot legally discriminate against applicants or tenants based on their source of income, including those receiving government subsidies.
It is important to note that while landlords must accept Section 8, there is still a process to be followed. Prospective tenants must submit a "Request for Tenancy Approval" along with a blank copy of the lease to their residential coordinator. The residential coordinator will then schedule a Housing Quality Standards (HQS) inspection of the unit. If the unit passes inspection, the tenant will be given permission to move in after signing the lease.
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Section 8 is now called Government Subsidized Housing
In Colorado, landlords are required to accept Section 8 tenants. In 2020, a change was made for Colorado landlords regarding what was previously known as Section 8 Housing. Section 8 Housing is now referred to as Government Subsidized Housing, and landlords may no longer use it as a reason to deny a tenant application. This new law has added 'source of income' to the list of protected status categories, alongside other protected statuses such as race and religion.
The Housing Choice Voucher program, formerly known as Section 8, is a federal government program that helps low-income families, elderly persons, veterans, and disabled individuals afford housing in the private market. It is managed by local public housing authorities (PHAs) and is the largest voucher program. With Section 8, tenants pay about 30% to 40% of their monthly household income for rent in privately-owned housing, while the government pays the rest. The specific amount of the voucher is based on Fair Market Rents (FMRs) set by HUD and can vary depending on city or county and the size of the unit, among other factors.
To apply for a Section 8 housing voucher, individuals can go to any county or city housing authority office. Once approved, applicants typically have two to four months to secure housing that meets HUD standards. The PHA will then schedule a Housing Quality Standards (HQS) inspection of the unit, and if it passes, the applicant will be given permission to move in. It is important to note that landlord participation in the program is voluntary in most areas, but some states, including Colorado, have enacted laws prohibiting source-of-income discrimination, including discrimination against Section 8 voucher recipients.
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Tenants pay 30-40% of rent, the government pays the rest
In Colorado, the Housing Choice Voucher program, formerly known as Section 8, helps low-income families pay their rent. The program is funded by the federal government and managed by local public housing authorities (PHAs). Tenants typically pay 30-40% of their monthly household income for rent, while the government pays the remaining amount.
To participate in the program, eligible applicants can contact their local PHA to determine their waiting list status. Once an applicant has received a housing choice voucher, they can begin the process of finding a suitable rental unit. The PHA provides a list of approved landlords, and the tenant must also submit a "Request for Tenancy Approval" along with a blank copy of the lease to their residential coordinator. An inspection of the unit is then scheduled to ensure it meets Housing Quality Standards (HQS) and that the rent is fair market value. If the unit passes inspection, the tenant is given permission to move in after signing the lease.
It is important to note that the demand for housing assistance in Colorado is high, and resources are limited. Each PHA has a set number of vouchers available, and most have already been assigned to individuals or families. Additionally, while the program provides support for tenants, it also offers protection for landlords. For example, the Violence Against Women and the Department of Justice Reauthorization Act (VAWA) protects landlords from bearing the consequences of problems caused by a tenant's assailant or stalker.
In recent years, changes have been made to protect the rights of tenants in Colorado. Landlords are now required by law to accept Section 8/government-subsidized housing and may not discriminate against applicants based on their source of income. This ensures that tenants have fair and equal opportunities when applying for rental properties.
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Section 8 applicants have appeal options
In Colorado, landlords are required to accept Section 8 or government-subsidized housing. Section 8 Housing, now referred to as Government Subsidized Housing, may no longer be used as a reason to deny a tenant application. This means that landlords may not legally discriminate against applicants based on their source of income.
The Housing Choice Voucher program, formerly known as Section 8, helps low-income families pay their rent. Applicants must be US citizens or non-citizens with eligible immigration status and be 18 years or older. Eligibility is determined by the total annual gross income and family size.
If a Section 8 applicant is deemed ineligible, they have the right to request an informal review. Upon notification of being withdrawn from the waitlist, applicants are informed of their right to request a review of the decision. Applicants are given the opportunity to contest the decision and are promptly notified of the outcome.
If an applicant wishes to appeal further, they can request an informal hearing. This allows applicants and owners to contest decisions regarding the family's share of the rent, denial or termination of assistance, and the assignment of specific bedroom sizes. Evidence, witnesses, and written statements can be presented at the hearing.
If a tenant disagrees with the reasons for termination, they can file a certiorari action in Circuit Court within 30 days of the hearing decision. The Circuit Court reviews the record of the Section 8 hearing and does not consider new evidence. A motion for a temporary injunction must be filed to keep the Section 8 status in place during the review.
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Section 8 tenants are protected from eviction in some cases
In Colorado, landlords are required to accept Section 8 tenants. Section 8, now referred to as Government Subsidized Housing, may not be used as a reason to deny a tenant application. This law, established by HB20-1332, adds a tenant's source of income to their protected status, making it illegal for landlords to discriminate against applicants based on their source of income.
While Section 8 tenants are protected from eviction in some cases, landlords are required to cooperate in good faith with housing subsidy programs and may face fines of up to $50,000 for noncompliance. For instance, landlords must provide a 30-day demand notice for tenants who receive any form of housing subsidy and fail to pay rent on time. This extends the eviction timeline and overrides the standard 10-day notice for nonpayment of rent.
Additionally, the Violence Against Women and the Department of Justice Reauthorization Act (VAWA) protect Section 8 tenants who are victims of domestic violence, dating violence, or stalking. This law ensures that these tenants do not lose their rent subsidy or face eviction due to issues caused by their assailant or stalker. However, it is important to note that this protection is not absolute, and landlords may evict and end assistance to any tenant who engages in domestic violence without impacting the perpetrator's family members living in the same unit.
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Frequently asked questions
Yes, as of 2021, landlords in Colorado are required to accept Section 8 tenants. Discrimination based on source of income is prohibited by law.
Section 8, now known as the Housing Choice Voucher program, is a federal government-funded subsidy program that helps low-income families pay their rent.
Eligible applicants can contact their local Public Housing Authority (PHA) to determine waiting list status. Colorado has over 68 PHAs, each of which operates independently.
