Admissions and Occupancy in Subsidized Housing | Michigan Legal Help (2024)

If a government agency helps pay your rent, you live in subsidized housing. The U.S. Department of Housing and Urban Development (HUD) pays most housing subsidies.

Types of Subsidized Housing

There are two types of subsidized housing: site-based and tenant-based. In site-based subsidized housing, the subsidy is attached to the rental unit. If a site-based tenant moves out of a unit, the subsidy usually does not move with the tenant. Site-based housing can be privately owned or it can be public housing. Public housing units are owned and managed by local housing commissions.

In tenant-based subsidized housing, the subsidy is assigned to the tenant, who must find a landlord who is willing and eligible to participate in the subsidy program. The Section 8 Housing Choice Voucher is the most common type of tenant-based subsidy. A voucher tenant can move with the voucher to another unit (even in another city or state) through a process called portability.

Qualifying for Subsidized Housing or Vouchers

HUD uses a formula to see if your income is less than one of three limits: low income, very low income, or extremely low income. You can find the income levels for your county at the HUD Income Limitswebsite.

Your income must be less than the low income limit to qualify for any subsidized housing. Most subsidized housing is for households with very low and extremely low incomes.

Other factors may also affect your eligibility for subsidized housing and vouchers. Subsidized housing providers can set preferences for applicants based on factors. Examples of these factors are being a:

  • Senior citizen
  • Disabled person
  • Veteran
  • Survivor of domestic violence

You must either be a U.S. citizen or an eligible immigrant to qualify for subsidized housing. If a household has members without eligible immigration status, it may qualify for assistance on a “prorated” basis. This is true so as long as at least one member has an eligible status.

A subsidized housing provider might disqualify you from getting subsidized housing or a voucher for a number of reasons. These reasons include poor rent and utility payment history, and a record of drug-related or violent criminal activity.

If there is a negative factor in your background, the subsidized housing provider may consider it along with all the other facts of your situation.

Get a copy of the admission policy from the private owner or from your local housing agency to see what factors they use to decide who is eligible for vouchers in your area.

Just because you’re eligible for housing assistance does not mean that you will get it. Many more people qualify for housing subsidies than there are spaces available. Most local housing authorities have waiting lists.

Applying for Subsidized Housing and Vouchers

If you need housing assistance, contact local housing commissions for application information about the public housing and voucher programs. You can find contact information on HUD’s Public Housing Authority Contact Information website.

For privately owned housing, you can go to the HUD Affordable Apartment Search. Another good place to find site-based subsidized housing providers is MSHDA’s subsidized housing locator.Ask the provider what subsidized housing is available, how long the waiting list is, and if it has any preferences.

The subsidized housing provider will need to verify the information on your application. Be ready to show birth certificates, tax returns, and other documents. You will need to sign a release of information.

After you apply, the housing provider will notify you in writing whether you are eligible for subsidized housing. If you’re eligible, you’ll be put on a waiting list unless there is housing available. If a waiting list has gotten too long, a housing authority may close it to new applicants. You can be on a waiting list for more than one housing authority at a time. Providers can wait to do some eligibility screening (for criminal history, for example) until an applicant nears the top of the waiting list.

If you’re not eligible, the housing authority must tell you why. If you disagree with the finding, you can request an informal hearing or meeting. You may want to talk to a lawyer to see if your denial was improper. Use the Guide to Legal Helpto find lawyers and legal services in your area.

Income Certification

When you apply for subsidized housing or a voucher, you must certify your income. You must recertify your income at least once a year if you continue to use housing assistance.

If you live in subsidized housing, the manager of the property or the housing commission is responsible for collecting and verifying your income information for recertification. You must supply the requested information, and sign consent forms and asset declarations to verify your income.

Rent in Subsidized Housing

Before you can move into subsidized housing, you must sign a lease. Your rent will usually be the highest of the following:

  • 10% of your monthly income
  • 30% of your adjusted monthly income (income minus deductions)
  • A minimum rent of up to $50

Annual deductions to your adjusted income include all of the following:

  • $480for each dependent household member
  • $400for any elderly or disabled household members
  • Medical deductions beyond 3% of household income if the head of the family is elderly or disabled

Housing Vouchers

To qualify for a voucher, you must have very low-income for your area. If you get a voucher, you can rent a home from a private landlord and part of the rent will be paid by your local housing authority. You must pay at least 30% of your monthly income as rent. Most voucher households pay more. The housing authority pays the remainder of the rent up to a fixed “fair market” value for your area.

After you are approved for a voucher, you have 60 days to find a home to rent. That time can be extended. The home must meet the local housing authority’s requirements for health and safety.

Tenant Rights

When you rent a home with HUD assistance, you have the same rights and responsibilities as other tenants. To learn more, readTenant Rights and Responsibilitiesand Rights of Tenants With Disabilities.

If you begin making more than the income limit for your housing, you will probably not be eligible to renew your lease or voucher.

Losing Your Subsidized Housing

While you live in subsidized housing, your landlord can’t evict you or refuse to renew your lease without good cause. This means you can’t lose your home as long as you’re meeting the terms of your lease. If you commit a serious lease violation or many lesser violations, you could be evicted for good cause.

There is an exception for the voucher program. If you have a voucher, your landlord does not have to renew the lease when it ends.

If your landlord refuses to continue your lease for good cause, your landlord can issue a termination of tenancy notice. The notice must clearly state the reasons for a proposed termination.

Some examples of good cause for eviction or non-renewal are:

  • You repeatedly refuse to comply with lease terms, including late rent payments and creating excessive noise or traffic that seriously disrupts your neighbors;
  • You haven’t recertified your income;
  • You have used the home for illegal activity; and
  • You have been involved in drug related or violent criminal activity.

In most cases, public housing tenants have the right to a hearing before the housing commission can file an eviction complaint. You must request the hearing, usually within 10 days of the notice. To learn more, readAppealing Your Denied Application for a Housing Subsidy.

You also can not be evicted unless your landlord goes to court to evict you. To learn more about eviction, readEviction: What Is It and How Does It Start?

Losing Your Voucher

If you get a voucher to help pay your rent, you could lose it for any of the following reasons:

  • You are evicted for a serious violation of your lease;
  • You use illegal drugs or abuse alcohol;
  • You engage in violent criminal activity.

If you lose your voucher, you do not necessarily have to move out of the home if you have not been evicted. You can choose to stay in the home if you pay the full amount of the rent yourself.

You have the right to notice and a hearing before your voucher is terminated, but you must promptly request the hearing. To learn more, readAppealing Your Denied Application for a Housing Subsidy.

You can also be evicted from your home if the owner has good cause to evict you. To learn more about eviction, readEviction: What Is It and How Does It Start?

To learn more about subsidized housing and Section 8 vouchers in Michigan, you can visit HUD’s Rental Help in Michiganor contact one of the HUD Approved Housing Counseling Agencies.

Admissions and Occupancy in Subsidized Housing | Michigan Legal Help (2024)

FAQs

What do HUD guidelines stipulate that each living unit must have? ›

At a minimum, the dwelling unit must have a living room, a kitchen and a bathroom.

What disqualifies you from public housing in Michigan? ›

Housing assistance programs are required to deny applicants who (1) have been evicted from public housing within the past 3 years for drug-related reasons, (2) are on the lifetime sex offender registry in any state, (3) have been convicted of manufacturing methamphetamines on public housing property, (4) are using ...

How does subsidized housing work in Michigan? ›

To qualify for a voucher, you must have very low-income for your area. If you get a voucher, you can rent a home from a private landlord and part of the rent will be paid by your local housing authority. You must pay at least 30% of your monthly income as rent. Most voucher households pay more.

What is the HUD definition of a guest? ›

HUD's general program requirements define “guest” as. “a person temporarily staying in the unit with the consent. of a tenant or other member of the household.”

What is an example of a fair housing violation? ›

Refusal to rent, sell, or negotiate for housing, or otherwise make housing unavailable. Providing different terms, conditions, privileges, or provision of services or facilities. Falsely denying that housing is available for inspection, sale, or rental. Refusal to make necessary reasonable accommodations or ...

Which of these is HUD responsible for? ›

The Department of Housing and Urban Development is the Federal agency responsible for national policy and programs that address America's housing needs, that improve and develop the Nation's communities, and enforce fair housing laws.

What are protected classes in Michigan housing? ›

Fair housing laws prohibit discrimination in any activity relating to the sale or rental of dwellings, financing or insuring housing, the terms and conditions related to housing, or harassment that is based on your race, color, religion, disability, familial status, national origin or sex.

How much will Section 8 pay for a 2 bedroom in Michigan? ›

Payment Standards by Voucher Bedroom Size
Voucher Bedroom SizePayment Standard
0$971
1$1,094
2$1,394
3$1,737
3 more rows

How do you qualify for subsidized housing in Michigan? ›

To get any type of Section 8 benefits, you must:
  1. Have very low income (less than 50% of the area median income) Not all income is counted. ...
  2. Not own a home your family could live in.
  3. Have less than $100,000 in countable assets (not all assets are counted) ...
  4. Be a U.S. citizen or an eligible immigrant.

How long is the waitlist for Section 8 in Michigan? ›

About 53,900 Michiganders use the choice vouchers, but application windows are often closed because Section 8 waitlists stretch for years. High demand and low supply mean Michiganders wait an average of 26 months to get a housing voucher, according to the Center on Budget and Policy Priorities.

How to apply for emergency housing in Michigan? ›

Search for Services

If you are homeless, or are in danger of becoming homeless please contact your local HARA by clicking here or by simply dialing 2-1-1 on your phone (844-875-9211) or by texting your zip code to 898211 to find out information on housing resources near you.

What is a housing choice voucher in Michigan? ›

This federal program provides rent subsidies for very low income people who find their own housing in private homes and apartment buildings. MSHDA administers approximately 28,000 Housing Choice Vouchers. Renters can find more information in our "Guidelines for Tenants" brochure.

Which of the following are disabilities under the Fair Housing Act? ›

If you require the use of a walker, a wheelchair, a service animal or a personal-care attendant, you are protected under the law against housing discrimination. Disabilities also may include mental or emotional illness, difficulties associated with aging, HIV/AIDS, recovering alcoholism or drug addiction.

What is the HUD definition of imminent risk of homelessness? ›

Imminent Risk of Homelessness (HUD Category 2)- Individual or family who will imminently lose their primary nighttime residence with 14 days AND has no subsequent residence identified AND lacks the resources or support networks needed to obtain other permanent housing.

What must be a family as defined by HUD? ›

Family as defined by HUD, includes but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or marital status, a single person, who may be an elderly person, disabled person, near-elderly person, or any other single person; or a group of persons residing together.

What is HUD's policy regarding a reasonable occupancy standard quizlet? ›

Both the Fair Housing Act and HUD allow for housing providers to comply with reasonable local, state, and federal occupancy restrictions. Housing providers may not implement reasonable occupancy restrictions on their own. Housing providers may develop but not implement reasonable occupancy restrictions on their own.

What are the requirements for HUD affirmative fair housing marketing? ›

Such a program shall typically involve publicizing to minority persons the availability of housing opportunities regardless of race, color, religion, sex, disability, familial status or national origin, through the type of media customarily utilized by the applicants; (b) Maintain a nondiscriminatory hiring policy in ...

What is the FHA minimum property standards checklist? ›

Homes must meet the following appraisal requirements, or be repaired to meet requirements, to be approved for an FHA loan: Must have an undamaged exterior, foundation and roof. Must have safe and reasonable property access. Must not contain loose wiring and exposed electrical systems.

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