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If your Section 8 voucher is being taken away, you can try to prove that the termination is wrongful. A Section 8 termination could be wrongful because:
- You did not actually break a rule;
- The rule you broke was not serious enough to lead to termination;
- You should get a second chance to make things right; or
- You have another reason you should keep your voucher, even though a rule was broken.
Learn more about each of these reasons below.
You did not break a rule
You can try to prove you did not break a rule. For example, if you were evicted, you can try to prove your eviction was wrong. If the housing authority claims someone lives with you who isn't on the lease, you can bring evidence that they live somewhere else.
The rule you broke was not serious
The housing authority can only terminate your voucher for serious problems, like:
- Repeatedly not paying rent,
- Drug related criminal activity,
- Fraud, or
- Missing multiple recertification appointments.
Sometimes, you break a rule but it is not serious enough to lead to to a loss of your housing. For example, you are charged with a crime, but it is not violent or drug-related. Or, you miss one recertification appointment, but go to the next one on time.
A second chance to make things right
If you owe money to the housing authority, you can ask for a repayment agreement.
If someone in your household broke a rule and is willing to move out, or no longer lives with you, you can ask to remove that person from the lease so that they rest of your family can stay.
Other reasons you should keep your voucher
Disability
If you have a disability and you broke a rule because of your disability, you can ask for a "Reasonable Accommodation." For example, if you were not paying rent because your Social Security Payee stole your money, you can find a new, reliable, Payee who will pay rent on time and ask to keep your voucher.
Domestic violence
If you are the victim of domestic violence, sexual violence, or stalking, and the reason you are facing a section 8 termination is because of something you abuser did, you can explain the situation and ask to keep your voucher. For example, if your abuser broke your door and punched holes in the wall, your landlord might have accused you of damaging the unit. You could explain to the housing authority that your abuser was arrested, you now have an order of protection against him, and his domestic abuse was the only cause of the damage, so you should keep your voucher.
Drug or alcohol abuse
If you were abusing drugs and alcohol but entered a treatment program, you can use evidence of your treatment to try to keep your voucher.
Evidence
Whatever your reason, you will need to prove to the housing authority that you should keep your voucher. You need to have your explanation ready for the hearing, along with any evidence and witnesses.
Evidence can include:
- Paycheck stubs or bank statements to show that income was correctly reported;
- Witnesses, like employers, who can tell the hearing board how much money you make;
- Another person's driver's license, copy of a lease, or utility bills to show that they are not living with you;
- Receipts to show you paid rent on time;
- Proof you successfully completed drug rehabilitation;
- Court documents to show your order of protection against your abuser; and
- Anything that confirms what you are telling the housing authority.
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