Section 8 NC Project Base
The Section 8 Program provides rental subsidies for eligible families (including single persons) residing in newly constructed, rehabilitated and existing rental and cooperative apartment projects.
The rents of the residential units are subsidized by HUD. All such assistance is “project-based”, i.e.; the subsidy is committed by HUD for the assisted units not the family.
Tenant Admission and Occupancy Criteria
Section 8 rental subsidies are provided to SHA on behalf of families that are eligible low-income families at the time of their admission by the HA to the program. Under the Housing Act, “low income families” are defined as those families whose annual incomes do not exceed eighty percent (80%) of the median income for the area in which the project is located, adjusted for family size, as determined by HUD at least annually.
Under the Section 8 Program, resident selection is the responsibility of the SHA, subject to compliance with the applicable income eligibility criteria and certain occupancy requirements, including those pertaining to projects designated for elderly and non-elderly disabled families. In addition, applicable HUD regulations restrict the availability of Section 8 assistance to citizens of the United States and noncitizens of the United States who have achieved certain eligible immigration status. Project owners are prohibited from discriminating against applicants on the basis of family’s status, as well as race, sex, creed, religion, age or disability.
Terms of Leases
HUD prescribes the form of lease to be utilized by SHA for tenant families receiving assistance under the New Construction Programs. The initial term of any such lease must be at least one year. In addition, the requisite HUD form of lease currently provides for automatic renewal of the stated term of the lease, unless and until the lease is terminated as a result of a default by the family thereunder. SHA may terminate the tenancy of assisted families for material non-compliance with the lease, failure on the part of the family to carry out their obligations under any State or local landlord and tenant law, or for other good cause.