Section 8

Citation: Section 8
Parent Document: Park Village Apartment Tenants Ass'n v. Mortimer Howard Trust, 636 F.3d 1150 (2011)
Jurisdiction: United States (federal)
Effective Date: 2011-02-25
Original Source: https://www.courtlistener.com/opinion/205533/park-village-apartment-tenants-a... ↗

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Section 8 assistance may be either “project-based” or
“tenant-based.” 24 C.F.R. § 982.1(b)(1). Project-based assis-
tance is appurtenant to specific housing units, pursuant to
which the government provides rental assistance payments to
unit owners on behalf of low-income tenants in those units.
Id. Tenant-based assistance, on the other hand, is appurtenant
to the tenant, pursuant to which the tenant may retain a rental
subsidy when he or she moves to another Section 8 housing
unit. See 42 U.S.C. § 1437f(o), (r); 24 C.F.R. §§ 982.1(b)(1),
982.314, 982.353, 982.355. Under both forms of assistance,
the tenant contributes a prescribed portion of family income
toward the rent due, ordinarily the greater of 30 percent of
“adjusted income” or 10 percent of gross income. 42 U.S.C.
§ 1437f(o)(2); see also id. § 1437a(a)(1). The government
pays the balance of the rent to the owner, up to a “payment
standard” for the dwelling unit, which ordinarily cannot
exceed 110% of a local “fair market rental” value established
by the Department of Housing and Urban Development
(HUD). See id. § 1437f(c), (o)(1)-(2). The Section 8 program
is funded by the federal government and administered by
           PARK VILLAGE v. MORTIMER HOWARD TRUST             2909
local public housing authorities (PHAs). Barrientos, 583 F.3d
at 1202.

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