What Is a Lease
A lease is a written rental agreement between a landlord and tenant that must include specific language and comply with Section 8 Housing Choice Voucher program rules. In the voucher program, the lease serves as the legal document that governs the tenancy and must work in conjunction with the HAP Contract between the landlord and the Public Housing Authority (PHA).
Section 8 Lease Requirements
The lease must include or reference the Tenancy Addendum, which contains HUD-required language protecting tenant rights under the voucher program. Key requirements include:
- Lease term of at least one year (though shorter terms can be approved by the PHA)
- Monthly rent amount that does not exceed the Fair Market Rent (FMR) set by HUD for your area
- Clear statement that the lease is conditioned on the HAP Contract between landlord and PHA
- Prohibition of discrimination based on race, color, national origin, religion, sex, familial status, or disability
- Notice requirements if the landlord intends to terminate the lease
- Statement that the tenant may continue occupancy if the voucher terminates, provided rent remains reasonable
- House rules and lease terms that comply with local housing codes and do not conflict with voucher program rules
Tenant Protections Built Into the Lease
The lease provides legal protection to tenants participating in the program. Tenants cannot be evicted without cause, and landlords must follow state and local eviction procedures. The lease must allow tenants to request lease modifications if family composition changes or if accessibility needs arise. If the PHA terminates the HAP Contract due to landlord violation, the lease terms protect the tenant's right to remain in the unit.
Landlord Obligations in the Lease
Landlords must maintain the unit in compliance with Housing Quality Standards (HQS) throughout the lease term. The lease should reference the landlord's obligation to pass NSPIRE inspections and maintain habitability. Rent increases are permitted only if the new amount does not exceed the FMR and the PHA approves the increase. Landlords cannot charge additional fees for utilities or services beyond what is specified in the lease.
Common Questions
- Can a landlord refuse to use the HUD Tenancy Addendum? No. The Tenancy Addendum is required by HUD. Any lease for a Section 8 unit must include this language or the PHA will not execute the HAP Contract, making the unit ineligible for the program.
- What happens if the lease term expires before the voucher holder moves? The tenant has the right to remain in the unit if the lease is renewed or if local law permits month-to-month tenancy. The landlord cannot terminate the lease simply because the term expired if the tenant continues to pay rent and comply with lease terms.
- Can a landlord charge move-in fees or deposits above local limits? No. The lease cannot impose fees or deposits that exceed what state and local law allow for non-voucher tenants. The lease must apply the same terms to all tenants in the building.
Related Concepts
- HAP Contract - the agreement between the landlord and PHA that authorizes rent subsidy payments
- Tenancy Addendum - the HUD-required language that must be included in or attached to every Section 8 lease