Can I Rent a HUD Approved Home From My Mother?
The U.S. Department of Housing and Urban Development, or HUD, has several programs that help low-income families find and pay for affordable housing. One is the Housing Choice voucher program, also known as Section 8. Section 8 is a federal program administered locally by the Public Housing Authority, or PHA, that works directly with HUD landlords and tenants. Eligible tenants are authorized to live in almost any rental unit that is authorized to receive Section 8 subsidies -- but Section 8 landlords can't rent to relatives. That means you can't rent Section 8 housing from Mom.
Program Overview
Eligible tenants receive vouchers to offset the cost of rent. The maximum voucher amount depends on the number of people in the family and the number of bedrooms they require. HUD makes direct rent payments to the landlord for the amount of the voucher. The tenants pay their share, usually equal to 30 percent of their household income, to the landlord as well.
Benefits of the Program
The primary benefit of Section 8 is that it allows tenants to choose any home they want, in any location they want. Although tenants usually apply for eligibility through the local PHA in the county where they intend to live, tenants can transfer their vouchers anywhere in the country if they decide to relocate. The benefit to landlords is that HUD's portion of the rent is guaranteed.
Tenant Eligibility
The tenant eligibility process evaluates the tenant family's income, assets and financial obligations to ensure the income falls below the maximum allowed for inclusion in the program. The family can complete the application itself or seek assistance from the PHA that will process the application. The PHA may, at its discretion, conduct a home visit to see how the family maintains its current home.
Landlord and Home Eligibility
A landlord who wishes to participate in Section 8 must contact a local PHA to begin the application process. The PHA will arrange for an inspection of the rental unit to ensure it meets HUD standards for safe and decent housing. The PHA will also conduct a market analysis to determine the fair market value to ensure the landlord doesn't charge more than the local market dictates. Upon completion of this process, the landlord finds and screens tenants as usual. The landlord may rent to anyone she wishes; however, she may not rent the unit to a Section 8 tenant she's related to or to one who has a financial interest in the property. This means renting a HUD-approved unit from your mother is impermissible.
Completing the Process
Once the landlord finds a suitable tenant, she enters into two separate contracts. The first establishes her relationship with HUD as a Section 8 landlord. The second is a lease with the tenant. The minimum lease term is one year, and the lease must include a Section 8 addendum that explains the landlord's and tenant's rights and responsibilities under the voucher program.
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