Volis

BACKGROUND

The United States Department of Housing and Urban Development (HUD) funds a Housing Choice Voucher program, which state or local public housing agencies administer. The program allows senior citizens, individuals with low incomes, and those with disabilities to select privately owned rental units. Assuming the housing agency approves the tenancy, the housing agency contracts with the property owner to make rent subsidy payments on behalf of the program participants. (24 C.F.R. § 982.1.) These rent subsidy vouchers are often referred to as “Section 8” benefits, based on the section of the United States Housing Act of 1937 under which they are authorized. (42 U.S.C. § 1437f; 24 C.F.R. § 982.2.) Program regulations do not permit housing agencies to approve a tenancy unless the rent is reasonable, and the regulations also provide that any proposed rent increases for units occupied by program participants must be reviewed and approved by the relevant state or local housing agency. (24 C.F.R. §§ 982.1(a)(2), 982.308 (g)(4) [rent increases subject to reasonableness requirement], 507(a)-(b) [housing agency must determine the reasonable rent for the unit compared to other…