Can you get Section 8 with an eviction on your record? In many cases, an eviction won’t affect eligibility for the Section 8 housing assistance program.
While an eviction due to financial hardship won’t automatically be a barrier to Section 8, an eviction for property damage or criminal behavior could hurt your chances of approval.
Can You Get Section 8 With An Eviction On Your Record?
Can you get public housing with an eviction on your record? Section 8, properly known as the Housing Choice Voucher Program provides financial help to tenants renting from private landlords.
Local public housing authorities are responsible for administering the Housing Choice Voucher Program using federal funds provided by the Department for Housing and Urban Development (HUD).
According to HUD’s guidelines, a public housing authority must deny assistance if:
- You or a household member has been evicted from federally assisted housing within the last 3 years for drug-related criminal activity (unless the family member no longer lives with the household or has been successfully rehabilitated)
Housing authorities must also establish a policy for the discretionary denial of housing vouchers to applicants:
- With a family member evicted from federally assisted housing within the last 5 years
These are the only eviction-related criteria issued by HUD.
While HUD sets the mandatory criteria for the Housing Choice Voucher Program, each local housing authority can add extra eligibility requirements.
To find out if your local housing authority is concerned about evictions unrelated to federally assisted housing, you’ll need to visit your local housing authority website or call them and speak to a housing counselor.
Find contact details for your local housing authority HERE.
When Could An Eviction Be Disqualifying?
During your background screening, your local housing authority will look at your rental history and contact your current and former landlords.
Applicants with a history of late rental payments or eviction for non-payment may be asked to explain why they’ve been unable to pay on time.
Payment difficulties due to unforeseen circumstances shouldn’t be an issue but being a habitual late payer could work against you.
As part of the approval process, the housing authority needs to ensure you’ll be a responsible tenant able to pay your portion of the rent in the future.
Tenants with housing vouchers can lose their voucher if they’re evicted so paying rent on time needs to be a priority.
A housing authority could also deny assistance to applicants evicted for property damage or criminal behavior.
The information obtained during your background screening will be evaluated on a case-by-case basis and mitigating circumstances will be taken into consideration.
Related: How to get a House with an Eviction on Your Record
How Long Does An Eviction Count Against You?
Housing authorities specify time limits for adverse background information. For example, they may only be interested in evictions within the last 3 years.
By the time you reach the top of the waitlist, your eviction may no longer be relevant. Waitlists can be very long—up to 10 years in some areas.
Waitlist priority is given to families with children, elderly applicants, disabled individuals, and those who are currently homeless.
On average families spend 2.5 years on a waitlist before being offered a housing voucher. Waitlists are often closed to new applicants and many only open every 2 or 3 years.
Landlord Background Screening
If you’re approved for a Section 8 voucher, you’ll still need to find a landlord who accepts Section 8 vouchers and tenants with evictions.
Most landlords carry out background checks on prospective tenants and getting approved with an eviction on your record can be difficult.
Some landlords only look at recent evictions but others will reject renters with an eviction from many years ago.
While you’re on the waitlist, find out which apartment communities and property management companies accept Housing Choice Vouchers. Contact leasing offices to ask about their acceptance criteria.
When you receive your housing voucher, you’ll have a limited time to find a home before the voucher expires so having a list of potential landlords will give you the best chance of getting settled in a new home quickly.
What Else Can Disqualify You From The Housing Choice Voucher Program?
- Family income above the level set by the public housing authority
- Being a registered sex offender
- Being convicted of manufacturing methamphetamine in federally assisted housing
- Failing the criminal background check
- Owing rent to a public housing authority
- Ineligible immigration status
- Current illegal drug use
- Alcohol abuse which may affect other residents
- Violence toward housing authority employees
For more eligibility information and to find out if the waitlist is open in your area, contact your local public housing authority.
See Also: If I Pay My Rent Before Court Can I Still Be Evicted?
Alex Graham is a co-founder and manages high-quality content that helps once evicted/ex-felons find a place to call. home. Alex believes even if he can help one person return to a good, wholesome life it is well worth the effort.