Do Seniors Get Priority for Section 8? The Straight Answer

Turning 62 doesn't automatically move a parent up a Section 8 or public housing waiting list, because each housing agency and HUD-assisted building sets its own preferences. So do seniors get priority for Section 8? Sometimes. Federal rules let a local agency favor single applicants who are 62 or older over other single applicants, but the agency decides whether to do it.1 In public housing and HUD-assisted buildings, a preference changes your parent's place in line, not whether she qualifies.2 Here's how to find out which preferences apply where she's applying, claim them, and keep her spot.

In This Guide

• What Federal Rules Allow for Seniors on Section 8 and Public Housing Waiting Lists
• What a Senior Preference Does, and What It Doesn't
• Senior-Only Buildings: Where Age Itself Opens the Door
• Why Someone Else May Still Get Priority Over Mom
• How to Find and Claim Mom's Waiting List Preferences
• Don't Lose Her Place on the List
• Frequently Asked Questions
• Learn More

What Federal Rules Allow for Seniors on Section 8 and Public Housing Waiting Lists

The U.S. Department of Housing and Urban Development (HUD) funds three kinds of help your parent is likely applying for. The Housing Choice Voucher program, also known as Section 8, pays part of the rent on a private apartment. Public housing is rental housing run by a local housing agency. HUD-assisted buildings, such as project-based Section 8 (project-based rental assistance) buildings and Section 202 housing for older adults, take applications at the building itself.5,6,7

In all of them, the preferences that help seniors are optional. Under HUD's regulations, a public housing agency may adopt a system of local preferences based on local housing needs and priorities it sets itself.1 HUD then permits, but does not require, a few preferences that can help an older parent:

• Single seniors: HUD's rules for vouchers, public housing and owners of project-based Section 8 buildings allow a preference for single persons who are 62 or older, displaced, homeless or disabled over other single persons.
• Families with a disabled member: a voucher agency may favor families that include a person with disabilities, though not people with one specific disability.
• Working families, with a carve-out: a public housing agency or project-based Section 8 owner that favors working families must also give that preference to an applicant whose head and spouse, or sole member, is 62 or older or has a disability.1

That last one matters more than it looks. Where a working-family preference is in use, a retired parent who lives alone and is 62 or older, or a retired couple who are both 62 or older, gets the same preference as an applicant with a job.1

The table draws on HUD's preference rules for each program and the Section 202 regulation.1,2,3

What a Senior Preference Does, and What It Doesn't

A preference moves an application ahead of applicants who don't have it. That's all it does.

HUD's Public Housing Occupancy Guidebook says preferences are only used to set the order of applicants on the waiting list. Preferences don't make an otherwise ineligible applicant eligible, and they don't stop the agency from applying its tenant screening rules. HUD's occupancy handbook for multifamily buildings says the same thing: preferences affect only the order of applicants on the waiting list.2

The flip side protects your parent. In public housing, an agency may not deny an eligible family because the family doesn't meet a local preference.2 If Mom is eligible and doesn't fit any preference, she still gets on the list. She just waits behind applicants who do.

Public housing agencies and project-based Section 8 owners must tell all applicants which preferences they offer.2 So ask. Nobody should hide a preference from you.

Senior-Only Buildings: Where Age Itself Opens the Door

A preference is one way age helps. Housing set aside for older adults is the other. There, age is an entry requirement rather than a tiebreaker.

HUD defines an elderly family as one whose head (including a co-head), spouse or sole member is at least 62.3 That 62 line is the one that matters in the senior-only options below:

• Elderly-designated public housing: with HUD approval, an agency may designate buildings, floors or units for elderly families only, disabled families only, or a mix. Only elderly families may be admitted to units designated for the elderly.1
• Mixed-population public housing: in a mixed-population development, the agency must give elderly families and disabled families equal preference and can't cap the number of either group it accepts.1
• Section 202 buildings: Section 202 counts a household as elderly when at least one member is 62 or older at the time of initial occupancy.3 HUD's Section 202 program funds properties that serve very-low-income people 62 and older, and Section 202 owners must select tenants in a way consistent with improving housing for very-low-income elderly people.8

Each Section 202 building keeps its own list. The owner of a Section 202 building must keep a written, chronological waiting list and must promptly tell any rejected applicant in writing why.7 Whether a particular 202 building also uses a preference is something to ask that building directly.

Private 55-and-older communities are a separate category. The Fair Housing Act's familial-status rules don't apply to qualifying housing for older persons, which includes communities intended and operated for people 55 and older where at least 80% of occupied units have a resident 55 or older, the community publishes and follows policies showing that intent, and it verifies residents' ages under HUD's rules.3 Our guide to independent living covers how those communities work.

Why Someone Else May Still Get Priority Over Mom

Even with a senior preference, your parent may not be next. Several things can put another applicant ahead of her.

Other local preferences. In public housing, HUD lists examples of preferences an agency may adopt, though it doesn't have to: veterans, families involuntarily displaced by government action or natural disaster, families living in substandard housing, and families paying more than 50% of gross income toward rent and utilities. An agency may also assign points to each preference and use each applicant's total to set the order.2 A senior with one preference can rank behind an applicant with several.

Income targeting for vouchers. At least 75% of the families a voucher agency admits from its waiting list in a fiscal year must be extremely low income, unless HUD approves a lower share.5 Ask the agency how it meets that target, since it shapes who gets called.

Date and time, or a drawing. Among voucher applicants with the same preference status, the agency selects by date and time of application or by a drawing.1 If the agency uses date and time, the earlier application wins the tie.

The number of vouchers. HUD says reaching the top of a voucher list depends on how many vouchers are available, when you applied, and any preferences you indicated on the application, such as "veteran" or "disabled."5

HUD also says long waiting periods are common in public housing, because demand often exceeds the resources available.6 Plan for a wait, and apply widely.

How to Find and Claim Mom's Waiting List Preferences

You can't claim a preference you don't know about. Work through these steps for every list she's on.

For Section 202 and other HUD-subsidized buildings, apply at the property, not to HUD. HUD's Resource Locator helps you find affordable housing near you, but it doesn't show vacancies, and HUD doesn't have applications or waiting list information for these buildings. Call the management company and ask about vacancies, the waiting list and how to apply.7

Our guide to Area Agencies on Aging explains what your parent's local aging office does and how to reach it. For a broader look at the programs, see our affordable senior housing guide.

Don't Lose Her Place on the List

A waiting list spot can vanish over one missed letter, so treat the list like a bill that's always due.

Keep her contact details current. HUD says voucher applicants must keep the housing agency informed of changes to mailing address, phone number or household size, and failing to do so may result in removal from the waitlist.5 If Mom moves in with you, tell every agency and building the same week.

Know the purge rules. A voucher agency's administrative plan must state when names may be removed, and may provide for removing applicants who don't respond to requests for information or updates. HUD-assisted buildings must have a written removal policy too, for example after an applicant fails to respond to a written notice for an eligibility interview, or when mail comes back undeliverable.4

Use the reinstatement rules if she's dropped. Removing a voucher applicant whose family includes a person with disabilities is subject to reasonable accommodation. If the applicant missed a request because of the family member's disability, the agency must reinstate the family in its former position. Public housing agencies must also reinstate a family whose missed response was related to a disability or resulted from status as a victim of domestic violence, dating violence, sexual assault or stalking.4

In HUD-assisted buildings, an applicant removed in error, for example because the wrong address was used or because a disability kept the applicant from responding, must be put back at the original place on the list.4 If dementia or another disability caused the missed letter, say so in writing and ask for her old spot back.

Name a backup contact. HUD encourages public housing agencies to try all available means of contact, including mail, phone, email and text, before removing someone.4 Give the agency your number too, so a letter that sits unopened doesn't cost her the place.

Get on several lists. HUD says high demand and long waiting lists mean you may need to apply to multiple housing agency waitlists.5 Each Section 202 building keeps its own list, so apply at each one that fits.7

Watch for lists that reopen. When a voucher agency opens its waiting list, it must give public notice of where and when to apply. An agency may stop taking applications when its existing list is big enough for its funding.5 A public housing agency may also close its list when more families are on it than it can help in the near future.6 Check agency websites and local notices regularly.

Learn More

Find personalized help figuring out which local waiting lists are open and what preferences they use at brevy.com.

The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.