If Mom just got a lease termination notice in public housing or a federally assisted apartment building, federal rules say the landlord needs a reason the rules list, and must put it in writing., So can subsidized housing evict you? Yes, but only through a process set by the U.S. Department of Housing and Urban Development (HUD): in public housing, a grievance requested on time, where one is required, keeps the tenancy from ending until it's finished, and a HUD multifamily owner can enforce a termination only by going to court. On a Housing Choice Voucher, the housing agency must offer an informal hearing before it stops housing assistance payments., Read the notice today for the date she has to respond.

In This Guide

Which Subsidized Housing Program Is Mom In?

When a notice like this arrives, it's natural to want to call someone right away. First, pin down which kind of help pays Mom's rent, because each program has its own rules and its own hearing. "Section 8" on a letter can mean a voucher she carries or a building with its own contract, and the rules differ.

This guide covers three programs:

If you aren't sure which one Mom has, check her lease and the notice, then ask the housing agency or the building manager directly. The answer decides everything below.

Can Subsidized Housing Evict You? The Rules Side by Side

Yes, but none of these programs lets a landlord simply hand over a notice and change the locks. The rules come from HUD regulations in Title 24 of the Code of Federal Regulations.

Public housing HUD multifamily building (project-based Section 8, Section 202 direct loan) Housing Choice Voucher
What's at risk The lease The lease The voucher (the rent help)
Allowed reasons Serious or repeated lease violations, other good cause, and income and asset grounds in 24 CFR 966.4 Material lease noncompliance, material failure to meet state landlord-tenant duties, criminal activity or alcohol abuse as HUD defines it, other good cause Grounds the agency must act on and grounds it may act on, listed in 24 CFR 982.552 and 982.553
What the notice must say The specific grounds, her right to reply, to see agency documents and, where required, to request a grievance hearing Reasons specific enough to prepare a defense, and that the owner can enforce it only in court; 10 days to discuss it with the owner Brief reasons, her right to an informal hearing, and the deadline to ask
Her hearing A grievance hearing before an impartial officer A court case where she can present a defense An informal hearing before payments stop
Who decides The hearing officer first; eviction itself goes to court, or to an administrative hearing where local law allows it A judge A hearing officer the agency designates, not the person who made the decision

Notice periods aren't in the table because they depend on the reason, and Mom's notice controls her dates.

If Mom Lives in Public Housing

It helps to know Mom's protections before anyone talks with the agency. The housing agency may end a tenancy only for serious or repeated violation of material lease terms, such as not paying amounts due under the lease or not meeting household obligations, or for other good cause. HUD's regulation at 24 CFR 966.4 adds two more grounds: being over the program's income limit, and no longer meeting its net-asset and property-ownership restrictions.

How much notice she gets. It depends on why the agency is acting.

  • In public housing, the agency must give a reasonable period of notice, no more than 30 days, if other residents', employees' or neighbors' health or safety is threatened, if a household member engaged in drug-related or violent criminal activity, or if a household member was convicted of a felony.
  • In public housing, the agency must give 30 days' notice in other cases (other than unpaid rent), unless state or local law allows a shorter period.
  • Unpaid rent in public housing has its own notice period under HUD's rules, and this guide doesn't state it. Go by the date on Mom's notice.

The notice must state the specific grounds and tell her she can reply, examine the agency's documents about the termination, and, when a grievance hearing is required, request one. The protection that matters most is this one: when a grievance hearing is required, Mom's tenancy doesn't end, even if a state or local notice to vacate has run out, until the time to request a hearing has passed and any grievance she asked for on time is finished.

How the grievance works. Every public housing agency must have a grievance procedure, and it has to be in Mom's lease or incorporated into it, with a copy given to her. A grievance starts informally: Mom (or someone helping her) raises it with the agency or project office, out loud or in writing, and gets a written summary of the proposed outcome and how to get a hearing if she isn't satisfied.

At the hearing, the officer must be impartial, not the person who made or approved the decision or anyone who reports to them. Mom has the right to:

  • see the agency's relevant documents beforehand (the agency can't rely on one it refused to share when asked)
  • bring a lawyer or another person she chooses
  • a private hearing unless she asks for a public one
  • present evidence, challenge the agency's evidence and question its witnesses
  • a written decision with reasons, based only on what was presented

The decision binds the agency unless its board finds the grievance outside the procedure or the decision contrary to law, HUD rules or the agency's contract with HUD. Losing the hearing doesn't take away Mom's right to a new trial or review in court. One exception: where HUD has found that the local eviction court provides basic due process, the agency may skip the grievance procedure for terminations involving certain criminal activity, such as violent or drug-related crime.

If the problem traces to a disability, HUD's rule at 24 CFR 966.7 requires reasonable accommodation in all aspects of the lease and grievance procedures, and the agency must tell tenants they can ask for one at any time, including so they can meet lease requirements. HUD's public housing guidebook says agencies must do an individualized analysis when a tenant with a disability is accused of a lease violation, and may not unreasonably deny or delay a request. It keeps one limit: the agency may consider termination where a tenancy would be a direct threat to others' health or safety that an accommodation can't eliminate or significantly reduce.

If Mom Lives in a HUD Multifamily or Section 202 Building

In these buildings the landlord is the building's owner, and a notice from a management office can feel more final than it is. HUD's eviction rule, 24 CFR part 247, covers projects it defines as subsidized, including units with project-based Section 8 assistance and Section 202 direct-loan buildings (some Section 8 programs are covered only as their own regulations provide).

Under that rule, the owner may end a tenancy only for:

  • material noncompliance with the rental agreement
  • material failure to carry out obligations under the state's landlord and tenant law
  • criminal activity or alcohol abuse by a covered person, as HUD's rules define it
  • other good cause

Mom's conduct counts as other good cause only if the owner first warned her that the conduct would be a reason for termination from then on, and HUD's multifamily handbook says that warning must be in writing.

What the notice must do. The termination notice must be in writing and give reasons specific enough that Mom can prepare a defense. It must tell her that if she stays past the termination date, the owner can enforce it only by bringing a court action, where she can present her defense. HUD's handbook adds that the notice must tell her she has 10 days to discuss the termination with the owner. Use those 10 days to fix a misunderstanding before anyone files anything.

When the reason is other good cause. In a HUD multifamily building such as a project-based Section 8 property, HUD's multifamily occupancy handbook says a termination for other good cause can take effect only at the end of the lease term, and no earlier than 30 days after the tenant receives the notice. That timing covers other good cause only, so check what the notice says for her case.

If her building is a Section 202 PRAC property. Section 202 buildings developed with HUD capital advances have received their rent help through PRACs since 1991. HUD's regulation for them, 24 CFR 891.430, applies the same part 247 eviction rule to every decision to end a tenancy. The handbook also requires the notice to go by first-class mail to the unit and a copy to be delivered to the unit, and service counts only once both are done.

Disability and lease enforcement. HUD's multifamily handbook says the duty to provide a reasonable accommodation is present at all times during a tenancy, including during lease enforcement. The termination notice must say that people with disabilities can request accommodations to take part in the hearing process, and for a tenant with a disability, the notice must come in a form accessible to her. The limit, in HUD and the Justice Department's joint statement on the Fair Housing Act, is a tenancy that would be a direct threat to others' health or safety that an accommodation can't eliminate or significantly reduce, judged on objective evidence about the individual, not fear or stereotype.

If Mom Has a Housing Choice Voucher

With a voucher, what's at stake is the rent help itself. HUD's multifamily eviction rule doesn't cover voucher tenancies, so the section above doesn't apply to her. The voucher rules give her a hearing instead.

Why an agency can end a voucher. If the agency ends Mom's assistance, its housing assistance payments toward her rent stop. For a parent living on a fixed income, that loss can be as serious as an eviction notice. Under 24 CFR 982.552, a housing agency must end a Housing Choice Voucher family's assistance if, for example, the family was evicted from voucher housing for a serious lease violation, or a family member didn't sign required consent forms. 24 CFR 982.552 also lets a housing agency end voucher assistance, without requiring it to, on other grounds; for a parent who has been sick, these are the ones to watch: not supplying information the agency or HUD asks for at a scheduled review of family income and composition (one of the voucher family obligations), currently owing rent or other amounts to a housing agency in connection with Section 8 or public housing assistance, or breaking another family obligation, such as the one against serious or repeated lease violations. Fraud in any federal housing program is another discretionary voucher ground. Being away from the unit too long, such as during a long hospital stay, is its own ground, covered further down.

Criminal-activity and alcohol grounds sit in 24 CFR 982.553, and they can reach Mom's voucher through any member of her household, not only through her own conduct. The agency may act on a preponderance of the evidence even without an arrest or conviction, but if it relies on a criminal record it must give the family a copy and a chance to dispute it at the informal hearing. When the ground is a household member's illegal drug use or alcohol abuse and that member is no longer using or drinking, the agency may also consider whether the member has completed, or is taking part in, a supervised rehabilitation program.

Your family's opening. Before ending assistance for something the family did or failed to do, the agency may weigh all relevant circumstances, including mitigating circumstances related to a family member's disability. If Mom missed paperwork because of a stroke or a hospital stay, tell the agency in writing and ask it to take that into account. Incidents of domestic violence, dating violence, sexual assault or stalking can't be treated as a serious or repeated lease violation by the victim.

The informal hearing. Under 24 CFR 982.555, the agency must offer an informal hearing on several kinds of decisions, including the family's income and rent calculation, a termination for the family's action or failure to act, and a termination for being away from the unit too long. For a termination, the chance to be heard must come before the agency stops paying. The written notice must give brief reasons, say the family may request a hearing, and state the deadline for asking.

The family may bring a lawyer or other representative and may examine and copy the agency's relevant documents beforehand, both at its own expense. The person running the hearing can't be whoever made or approved the decision, and the written decision must give reasons. The agency isn't bound by a decision outside the hearing's scope or contrary to HUD rules or law, and must tell the family promptly, with reasons, if it decides it isn't.

In the Housing Choice Voucher program, when the family includes a person with a disability, a termination for the family's action or failure to act is subject to consideration of reasonable accommodation. HUD's voucher guidebook says a request can be made at any time, including during the eviction process, and that an agency that learns of a disability-related need while looking into possible noncompliance must work through the accommodation process before taking any adverse action. Its own example: a tenant who missed two annual review appointments because of a hospitalization gets a new appointment, not a termination. The guidebook keeps the limits of undue burden and fundamental alteration of the program.

What Your Family Can Do This Week

You can't make this notice disappear, but you can protect the rights Mom already has.

1
Step 1

Find the deadline

Read the notice for the date to reply, request a hearing or meet with the owner. In the voucher program, that deadline must be on the notice.

2
Step 2

Ask for the hearing in writing, and keep a copy

In public housing, when a grievance hearing is required, one requested on time keeps the tenancy going until it's resolved.

3
Step 3

Ask to see the file

Both the public housing grievance and the voucher hearing give Mom the right to see the agency's relevant documents first.,

4
Step 4

Request a reasonable accommodation if a disability is involved

You can make the request for her.

5
Step 5

Get on file as her contact

Ask the landlord or agency about Form HUD-92006.

How a family member asks for an accommodation. HUD and the Justice Department's joint statement says the person with a disability doesn't have to make the request personally: a family member or someone else acting for her can. It can be made orally or in writing without any special form or the words "reasonable accommodation," as long as it's clear you're asking for an exception or change to a rule because of a disability. The provider must respond promptly. If you believe a request was wrongly denied, you can file a complaint with HUD within one year, or a federal lawsuit within two years. For more on how these requests work, see our guide to requesting an accessible unit in HUD housing.

Form HUD-92006. Under federal law, HUD-assisted housing providers must offer every applicant the option to name a family member, friend or advocacy organization on Form HUD-92006, which the provider can contact to help resolve tenancy issues. HUD's notice applies it to public housing, vouchers, project-based Section 8 and Section 202 PRAC housing, and a tenant can update or change the contact at any time. If you don't know who is on file, ask now.

Get help with the hearing. A local legal aid office can help you read the notice and prepare, and both public housing and voucher hearings let Mom bring a representative, which can be you.,

When the Trouble Started Somewhere Else

Sometimes the notice is about something that happened while Mom was sick or away, or about a building that changed hands.

She's in the hospital or a nursing home. A voucher family can be away from the unit only as long as the agency's plan allows, never more than 180 consecutive days, and a termination for an over-long absence is one the voucher hearing covers., Our guide to keeping Section 8 or a senior apartment through a nursing home stay walks through the absence rules program by program.

Her building converted under RAD. If her public housing building converted to project-based vouchers or project-based rental assistance under HUD's Rental Assistance Demonstration (RAD), HUD's RAD Notice sets its own termination-notice periods, on top of the regular rules for those programs, and adds its own informal-hearing rights. Ask the owner whether the building converted, and see our affordable senior housing guide for how the programs fit together.

She missed her yearly recertification. Lease trouble can start with paperwork that slipped while a parent was unwell. In the voucher program, supplying information for the yearly review is a family obligation, and violating one is a ground the agency may use to end assistance. In public housing, the agency may terminate the tenancy or assistance if a tenant doesn't provide requested information on time. In a HUD multifamily building, a tenant who misses the anniversary date after three reminder notices must start paying market rent on that date, and if she doesn't report and doesn't pay or arrange to pay it, the owner is obligated to evict for nonpayment. The owner must ask whether something beyond her control, such as a hospitalization, kept her from responding. In a Section 202 PRAC building, a tenant may be evicted for not recertifying, though the handbook calls eviction a last measure. If the rent figure itself is what's wrong, see how HUD calculates rent for older adults.

Frequently Asked Questions

Can a HUD landlord evict you without a reason?

Not in public housing or a HUD multifamily building; both need a listed ground (see the table above). In a multifamily building, other good cause based on Mom's conduct also needs an earlier written warning from the owner, so if she never got one, raise it when you meet with the owner.

Does Section 8 have to go to court to evict?

In a project-based Section 8 building covered by HUD's eviction rule, yes: HUD's handbook says an owner may evict only by judicial action under state and local law. With a voucher, the lease and the rent help are separate, and losing one can cost the other: in the Housing Choice Voucher program, the agency must end assistance if the family was evicted from voucher housing for a serious lease violation. So a lease case is worth defending even if the voucher isn't yet in question.

Can family go to the hearing if Mom is in the hospital?

Family can help. In a public housing grievance hearing, Mom may be represented by a lawyer or another person she chooses, and the agency must provide reasonable accommodation so people with disabilities can take part. In a voucher hearing, the family may bring a lawyer or other representative at its own expense, and HUD's voucher guidebook says accommodations can be required in hearings., If she can't attend, ask the agency in writing for a new date or another arrangement.

Can the agency stop Mom's voucher payments before a hearing?

Not before she has been offered one. In the Housing Choice Voucher program, for a termination based on the family's action or failure to act, or on an over-long absence, the agency must offer the chance at an informal hearing before it stops housing assistance payments. If payments stopped first, contact the agency in writing right away and call legal aid.

Can a reasonable accommodation stop an eviction?

It can change the outcome, but it isn't automatic: each program's limits, covered in its section above, still apply.,, Make the request in writing, and say plainly what you're asking for and why.

Learn More

Care TypesAffordable Senior Housing: HUD Section 202, Public Housing and Rental Help for Older AdultsSection 202, public housing and Section 8 vouchers cut rent for low-income older adults. See who qualifies, what rent costs and how to get on a waiting list. Care TypesNursing Home Stay: Will Mom Lose Her Section 8 or Senior Apartment?Not right away. With a Section 8 voucher, Mom can be away up to the housing agency's limit, never over 180 days. A Section 202 building follows house rules. Care TypesMom Needs an Accessible Unit: How to Request a Transfer in HUD HousingA current tenant who needs an accessible unit gets first offer of a vacant one, and the building usually pays the move. How to ask, program by program. Care TypesLive-In Aide in HUD Housing: Can Mom's Caregiver Move In?Yes, with approval, and the aide can be a relative. HUD makes housing agencies and Section 202 owners approve a needed live-in aide. How to ask, rent, limits. CaregiverCan You Stay in Your Parent's Subsidized Apartment After They Die?It depends on whether you were on the lease or approved as a live-in aide. What HUD's rules say for Section 8 and Section 202 buildings, and who to ask today.

Find personalized help responding to a subsidized housing termination notice 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.

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