(Please note that nothing on this website is intended as legal advice, there is no guarantee the information provided is accurate, and using the information provided does not guarantee one will receive a housing voucher. For a complete legal disclaimer, please click here.)
While the information on this page primarily refers to Section 8 applications, much of the information is relevant to other housing applications. Specific exceptions may be mentioned, but should not be considered exhaustive.
- What happens when my family member gets to the top of the waiting list?
- My family member just got a voucher. How long she have to find a place to live?
- How can we find a landlord who will take the voucher?
- Can my family member rent from me?
- My family member just got a voucher. He’s still going to school and isn’t ready to live on his own. Is there any way he can hold onto the voucher?
- Is a voucher always worth the same amount?
- If my family member has a voucher, can he share an apartment with someone who doesn’t have a voucher?
- I’ve been looking at the HUD Fair Market Rent for my community and apartments cost a lot more than that here.
- If the HUD Fair Market Rent isn’t high enough to get an apartment in my community, can I pay the landlord the difference?
- If my family member needs a live-in aide, can his sister be the live-in aide?
- Should my family member apply if he/she will live in a group home?
- If my family already has a Sec. 8 voucher, can we give the voucher to our family member?
- What are some examples of reasonable accommodations and how do I request them?
- Are there other kinds of affordable or subsidized housing my family member should apply for?
- I still have some questions. How can I contact you?
What happens when my family member gets to the top of the waiting list?
Your family member will receive a packet of materials in the mail from the housing authority or regional non-profit that has the voucher. These materials must be filled out and returned very quickly (often within ten days from when it was mailed to him/her). This is the actual Section 8 application — if you looked carefully when your family member initially applied, you will see that the paperwork you filled in then was called a “pre-application”. At this time your family member will need to submit proof of identity, residency, income, assets, disability, etc. It is a good idea to keep up to date information on all of these so that you can submit documentation quickly and easily. Some examples of the kinds of documents you will need are here. You may be able to make an appointment with the organization issuing the voucher to ask questions, but always make sure you submit materials by the deadline. Once you have submitted the application, and it has been approved, the voucher holder will need to attend an orientation session. In the case of an individual with a developmental disability, it may be possible for the voucher holder to have an individual appointment instead of attending a normally scheduled large group orientation. If appropriate, the guardian may be the one to attend the appointment.
My family member just got a voucher. How long does she have to find a place to live?
Federal law requires a housing authority provide a voucher holder at least 60 days to use a voucher or lose it. Some housing authorities automatically provide 90 or 120 days. In the case of a person with a disability, this timeline may be extended if it is impossible to find an appropriate unit within the time frame, but this is not indefinite. Often, two extensions of 30 days each may be granted.
How can we find a landlord who will take the voucher?
It is illegal to refuse to rent to someone just because they have a voucher. It is not illegal to refuse to rent to someone with a poor credit score or NO credit score. Be aware the housing authority issuing the voucher may not allow you to use a co-signer. It is important to work on building a credit score before you receive a voucher. One way to do that is through a secured credit card.
Having said that, it can still be challenging to find a place to use a voucher. One good way to find buildings that will accept vouchers is to use these search engines:
Housing Navigator Massachusetts
An additional advantage of these search engines is you frequently will not need to pay an application fee when you apply for an apartment.
Can my family member rent from me?
In certain circumstances. Renting from family is a reasonable accommodation for disability, meaning the person must need the accommodation to successfully participate in the Section 8 program. An example of this might be not being able to successfully interact with the landlord to request repairs.
When renting from family, the person must almost always be in a legal, separate unit from their family. A condo owned by the family would work, as might converting the garage to a studio apartment (if local zoning permits). An example of an exceedingly rare exception, where the person was able to stay in the unit with the family, was a situation where the person was approved for Shared Living through the Department of Developmental Services, but, due to workforce shortages, a Shared Living provider had not yet been identified. The housing authority considered this to be a short-term exception, as the person is expected to take their voucher and move out of the family home into the Shared Living situation.
Usually, it is not too difficult to get renting from family approved when there is supporting documentation from a third party professional, such as a doctor. In rare instances, someone has had to engage a lawyer. In such instances, a useful resource is the decision in Filshtein v. West Hartford.
My family member just got a voucher. He’s still going to school and isn’t ready to live on his own. Is there any way we can hold onto the voucher?
Only by using it. Families in this situation have converted a garage or a basement into an apartment for their family member. However, the apartment must be a legal unit. That means your home must be legally zoned to permit an accessory apartment. The unit must also meet the Sec. 8 inspection standards. When your family member applies for a voucher, it is a good idea to make a plan for what you might do if he/she receives a voucher. Find out what your local zoning is, and see if it is possible to get a special permit to create an accessory unit. If it is not safe for your family member to use a stove, the housing authority issuing the voucher may be satisfied with the unit having a “food prep” area including a microwave, rather than a full kitchen. Bear in mind, your family member must actually live in the unit to keep the voucher; it is not acceptable for him/her to continue to live in his/her old bedroom.
Is a voucher always worth the same amount?
No. It depends on the living situation. If your family member lives in a studio apartment, the voucher is worth the difference between 30% of your family member’s income, and the HUD Fair Market Rent (FMR) for a studio apartment in the community where the voucher was issued. If your family member lives in one bedroom apartment, it is worth the difference between 30% of your family member’s income, and the HUD Fair Market Rent for a one bedroom apartment in the community where the voucher was issued. If your family member needs a live-in aide, it is worth the difference between 30% of your family member’s income, and the HUD Fair Market Rent for a two bedroom apartment in the community where the voucher was issued. (Note that if the actual rent charged is less than the HUD FMR, that amount is used in place of the FMR in all calculations.)
Note that it can be difficult to use a voucher issued by a lower FMR community in a community with a higher FMR. One advantage to the EOHLC voucher is that the FMR adjusts to the FMR of the community where it is used (at least if it is used in the region served by the issuing regional housing authority). Some housing authorities in expensive communities use the HUD Small Area FMRs for voucher holders who received their voucher from that community.
If my family member has a voucher, can he share an apartment with someone who doesn’t have a voucher?
Yes, although such an arrangement is not automatically approved. You will need to negotiate this with the issuing housing authority. HUD calls this a shared living arrangement (do not confuse this with the Massachusetts Department of Developmental Services (DDS) Shared Living program). In such an arrangement, the value of the voucher is equal to the difference between 30% of the voucher holder’s income and his/her share of the HUD Fair Market Rent for a unit of that size. For example, let’s say your family member and a roommate share a two bedroom apartment. If the HUD Fair Market Rent for a two bedroom apartment in that community is $2,400, then your family member’s share of the rent is half of that, or $1,200. Your family member pays 30% of their income to the landlord; if their income is $1,000, they pay $300. The voucher is worth $1,200 minus $300, or $900. The housing authority that issued the Sec. 8 voucher writes a check to the landlord for $900. The remainder of the rent ($1,200) is paid by the roommate.
All kinds of shared living arrangements are possible. For instance 4 people could share a house. Three might have vouchers, and the 4th might be a live-in aide. Provided the income of the three voucher holders is less than HUD’s very low income ceiling for a family of three, they can live together and all use vouchers. The income of the aide is not considered, because he/she would not be living there otherwise. Each voucher holder would pay 30% of his/her income in rent, and the vouchers would collectively cover the difference between those payments and HUD Fair Market Rent for a four bedroom unit in that community. To learn more about live-in aides and Sec. 8, click here.
Note that AHVP does not allow a housemate (although a live-in aide can be approved as a reasonable accommodation). Autism Housing Pathways is not sure at this time if MRVP allows housemates.
I’ve been looking at the HUD Fair Market Rent for my community and apartments cost a lot more than that here.
This is a common problem in Massachusetts. It may be possible to get a voucher valued at 110% or even 120% of the HUD Fair Market Rent as a reasonable accommodation for a disability. In this case, the voucher holder may need to pay 40% of his/her income, rather that 30%. Check with the housing authority that issued the voucher for details.
If the HUD Fair Market Rent isn’t high enough to get an apartment in my community, can I pay the landlord the difference?
No. The regulations are very clear. “Side deals”, where either the voucher holder or a third party pay the difference between the HUD Fair Market Rent and what the landlord wants to charge, are strictly forbidden. Side deals can result in loss of a voucher.
If my family member needs a live-in aide, can his sister be the live-in aide?
If a member of the immediate family member lives with the person, he/she is not considered to be an aide, but part of your family member’s household. In that case, the family member’s income is also considered to be part of the applicant’s gross household income, and that may be too much income for the household to qualify for Section 8. An aide’s income is not counted in qualifying for Sec.8, but only if the aide is someone who would not normally live with the applicant. It’s possible that a more distant family member would be acceptable as an aide. To learn more about live-in aides and Sec. 8, click here.
Should my family member apply if he/she will live in a group home?
Yes. If your family member has a Section 8 voucher, he/she will pay 75% of his or her income to the service provider that runs the home. This is true whether or not he/she has a Section 8 voucher. But if he/she does have a voucher, the issuing housing authority will write a check to the service provider for the difference between 30% of his/her income and fair market rent for his/her bedroom. While the payment will not benefit your family member directly, it will improve services. And if your family member is ever able to live more independently, he/she will be able to take the voucher with him/her. Note that in some rare instances, it is not possible to use a Section 8 voucher in a group home if the group home received funds from another HUD program.
If my family already has a Section 8 voucher, can we give the voucher to our family member?
No. Vouchers are not transferable. However, it is possible for the person with a disability to become the head of household and keep the voucher when the parents pass on.
What are some examples of reasonable accommodations and how do I request them?
Several reasonable accommodations have already been mentioned on this page. These and other examples include:
- Renting from family
- Having a live-in aide
- Sharing an apartment with a roommate
- A time extension to find a unit
- Having a carpet replaced with flooring (in a site-based unit)
- Having a gas stove replaced with an electric stove (in a site-based unit)
To request an accommodation, once you have been approved for the voucher, send an email to the housing authority itemizing each accommodation you are requesting. The housing authority should send you a form to be filled out. Fill out a separate copy of the form for each accommodation you are requesting. The form will ask you to identify a medical professional, clinician, or other professional who can support your request. Once the housing authority has received the form(s), it will send another form to the person you identified. That person should also fill out a separate copy of the form for each accommodation requested. They should also attach a letter to each form filled out, tailored to that specific accommodation, explaining why that accommodation is necessary for the person to be able to successfully participate in the Section 8 program. Note that a diagnosis is not sufficient (nor is it even legal for the housing authority to ask what the diagnosis is). Rather, the professional needs to specify how the disability manifests in a way that affects the ability to live in housing. For example, “John has executive functioning issues that prevent him from engaging in housing search or successfully interacting with a landlord. For these reasons, he needs to rent from family.”
Are there other kinds of affordable or subsidized housing my family member should apply for?
Yes. To learn more, click on “Other ways to apply for housing”.
I still have some questions. How can I contact you?
Please click here to go to our contact form. If you need personal assistance completing the Section 8 Centralized Waiting List or regional non-profit applications, consider attending one of our Sec. 8 sign-up clinics.
(Please note that nothing on this website is intended as legal advice, there is no guarantee the information provided is accurate, and using the information provided does not guarantee one will receive a housing voucher. For a complete legal disclaimer, please click here.)