Rights and Daily Life

Section 8 Housing Vouchers for People With Disabilities

How Does Section 8 Work for People With Disabilities?

Section 8 disability help comes through HUD's Housing Choice Voucher program, which pays part of your rent to a private landlord, plus Mainstream vouchers set aside for non-elderly people with disabilities. You apply through your local public housing agency, which may give a waiting-list preference to families that include a person with a disability. Once you have a voucher, the agency must approve reasonable accommodations, such as a live-in aide with an extra bedroom or a higher payment standard of up to 120 percent of the fair market rent.

A woman using a wheelchair sips from a mug by the window of her bright apartment kitchen
Photo: MART PRODUCTION / Pexels

How Section 8 Disability Help Works

Section 8 disability help means using HUD’s Housing Choice Voucher program, the program most people call Section 8, with the extra protections and options it gives people with disabilities. The voucher pays part of your rent directly to a private landlord. You choose the home: an apartment, a townhouse or a single-family house, as long as it passes inspection and the rent is reasonable for the area.

About 2,000 local public housing agencies (PHAs) run the program with HUD money. HUD names people with disabilities as one of the groups it’s meant to help, alongside low-income families, older adults and veterans.

Disability matters at three points:

  • Getting in: Mainstream vouchers are reserved for non-elderly people with disabilities, and agencies may give a waiting-list preference to families with a disabled member.
  • Paying rent: disabled families get extra deductions when the agency figures your income, which lowers your share.
  • Living there: the agency must make reasonable accommodations, such as approving a live-in aide or a higher payment standard.

Section 8 is one part of a larger set of protections. The disability housing rights guide covers the Fair Housing Act, public housing and accessible-unit rules.

Do You Qualify for Section 8?

HUD looks at four things:

  • Income. Your household’s annual income and size. Generally, you must be extremely low-income or very low-income for your area. HUD publishes income limits for each location.
  • Citizenship. You must be a U.S. citizen or an eligible non-citizen.
  • Social Security number. The head of household must have a valid one.
  • Background. Some crimes can make an applicant ineligible.

What counts as a disability. HUD’s definition is broad. You count as a person with a disability if you meet the Social Security Act’s definition of disability (the one SSA uses for SSDI), if you have a developmental disability, or if you have a long-lasting physical, mental or emotional impairment that substantially limits your ability to live independently and better housing could help. A disability based only on drug or alcohol dependence doesn’t count for low-income housing eligibility.

If SSA has approved you for SSDI, you already meet that first test (who qualifies for Social Security disability explains it). If you receive SSI, bring your benefit letter too; HUD lists SSI paperwork among the documents agencies typically ask for.

A disabled family is one where the head, co-head, spouse or sole member has a disability. That status unlocks the income deductions below.

Mainstream Vouchers for Non-Elderly People With Disabilities

Mainstream vouchers are Housing Choice Vouchers set aside for non-elderly people with disabilities. HUD says they follow the same rules as regular vouchers; the only difference is who they serve and how they’re funded.

Since 2018, HUD has awarded over $500 million to housing agencies to support 50,000 new Mainstream vouchers. When you contact your local PHA, ask directly: “Do you administer Mainstream vouchers, and is that waiting list open?” HUD suggests contacting both your local HUD office and your PHA to learn what’s available in your area.

How to Apply for a Disability Housing Voucher

  1. Find your agencies. Use HUD’s Public Housing Agency directory to find every PHA that serves your area. You don’t have to live in an agency’s area to apply, so list nearby ones too.
  2. Watch for open waiting lists. When an agency opens its list, it must give public notice saying where and when to apply, including in a local newspaper. Agencies can close their lists when they have enough applicants.
  3. Apply to several lists. HUD says high demand and long waits mean you may need to apply to multiple agencies.
  4. Claim every preference that fits. If the agency offers a disability preference, say so on the application.
  5. Gather documents. Agencies typically ask for income paperwork and bank information, benefit paperwork such as SSI or SNAP letters, proof of citizenship and Social Security cards.
  6. Keep your contact details current. HUD warns that failing to report a new address, phone number or household change can get you removed from the list.
  7. When you’re selected, the agency verifies your eligibility and income, and you attend a voucher briefing. Then you get your voucher and start searching.

If an agency requires residency, note the catch: if you lived outside its area when you applied, it can require you to rent within its area for your first 12 months.

Waiting Lists and Disability Preferences

HUD says your place on a waiting list depends on three things: how many vouchers are available, when you applied, and any selection preferences you qualify for, such as “veteran” or “disabled.”

Disability preferences. A housing agency may give a preference to families that include a person with a disability. Federal rules don’t let an agency limit a preference to one specific disability. Each agency writes its own preferences into its administrative plan, so ask for a copy or ask staff which preferences it uses.

Working-family preferences. Some agencies favor working families. If yours does, federal rules say you get the same benefit if the head of household and spouse, or the sole member, is 62 or older or has a disability, even if you aren’t working.

You can call your agency at any time to check your place on the list.

Your Rent and Disability Deductions

Your share of the rent is usually 30% of your adjusted monthly income, though it can be as high as 40%. The agency pays the rest, up to its payment standard, directly to the landlord.

“Adjusted” income is where disability helps. Federal rules give disabled families extra deductions before the rent is figured:

  • A standard deduction for any elderly or disabled family. The regulation sets it at $525 and HUD adjusts it for inflation each year.
  • Medical and care costs. Unreimbursed health and medical expenses, plus attendant care and equipment costs that let a family member work, are deductible to the extent they add up to more than ten percent of annual income.

Keep receipts for out-of-pocket medical costs, copays, prescriptions and attendant care, and give them to the agency at your annual recertification. To see how SSI payments interact with other income, try the SSI calculator.

If you can’t pay the minimum rent. Some agencies charge a minimum rent, typically between $25 and $50 a month. HUD says you can ask for a financial hardship exemption, for example after a loss of income or large medical bills.

Reasonable Accommodations in the Voucher Program

Under the Fair Housing Act and HUD’s Section 504 rules (the same idea as workplace accommodations under the ADA), you can ask your housing agency to change a rule, policy or practice when you need it because of a disability. HUD’s own examples range from allowing a service animal to installing a ramp. The guide to requesting a reasonable accommodation explains how to frame a request, and the same approach works with a housing agency.

Three accommodations matter most for voucher holders:

Accommodation What the rule says Who approves
Live-in aide The agency must approve a live-in aide when needed as a reasonable accommodation Your housing agency
Extra bedroom for the aide An approved live-in aide counts toward your family’s unit size, so a single person can qualify for more than a one-bedroom voucher Your housing agency
Extra room for other disability needs The agency may grant an exception to its bedroom standards based on health or disability Your housing agency
Higher payment standard Up to 120 percent of the fair market rent as a reasonable accommodation Your housing agency, without HUD approval
Payment standard above 120 percent Allowed as a reasonable accommodation Your housing agency, after HUD approves
Assistance animal Allowed as a reasonable accommodation; no pet fees or deposits Your housing agency and landlord

The live-in aide. An aide is someone who lives with you to provide necessary support services. The agency can refuse a particular person, for example someone with drug-related or violent criminal activity or who owes money to a housing agency, but it can’t refuse the accommodation itself when you need it. If a relative is your paid caregiver, see paid family caregivers.

The higher payment standard. This can help when the accessible units you need rent above the agency’s normal limit. Ask in writing, explain the disability-related need, and include listings that show what accessible units cost.

Assistance animals. HUD says you need to request a reasonable accommodation for a service animal or an emotional support animal, and you pay no pet fees or deposits for either. See service animal rights.

Finding a Unit and Keeping Your Voucher

Your voucher gives you 60 to 120 days to find a home, depending on the agency, and at least 60. If time runs short, ask for an extension before it expires.

When you find a place, you and the landlord fill out a Request for Tenancy Approval. The agency inspects the unit, checks that the rent is reasonable, and then you, the landlord and the agency sign the lease paperwork.

Landlords who refuse vouchers. Federal law doesn’t make every landlord accept vouchers, but HUD notes that some states and cities ban source-of-income discrimination. No landlord may refuse you because of your disability. Under the Fair Housing Act, you can report discrimination to HUD within one year of the last incident. Check your state’s protections on the state guides page.

Keeping your voucher. Report income and household changes promptly, allow inspections, follow your lease and complete your annual recertification.

If the agency says no. Whether it denies your application, your accommodation or your assistance, you get a written notice explaining your right to an informal review or hearing. HUD says you typically have 10 to 14 days to request one in writing. The ADA rights guide lists official places to get help with disability discrimination.

Frequently Asked Questions

Does SSI or SSDI Count as Income for Section 8?

Your housing agency looks at your household's annual income and typically asks for benefit paperwork, such as SSI letters, when you apply. Disabled families then get deductions: a standard deduction set by HUD and a deduction for unreimbursed medical and disability-related care costs above ten percent of annual income. Your agency can tell you exactly how it counts your benefits.

Do I Have to Pay a Security Deposit With Section 8?

Possibly. HUD says some landlords charge application fees, and some housing agencies require voucher holders to pay a unit's security deposit on their own. Budget for both while you search, and ask your agency about its policy.

How Long Is the Section 8 Waiting List?

It depends on the agency. HUD says your place depends on how many vouchers are available, when you applied and any preferences you claimed, such as disability. Many agencies close their lists when they have enough applicants, so apply to several.

Can a Landlord Refuse My Voucher?

Federal law doesn't require every landlord to accept vouchers, but HUD notes that some states and cities prohibit landlords from refusing renters because they use a voucher. A landlord can never refuse you because of your disability.

What if My Agency Denies My Application or Accommodation?

You'll get a written notice explaining the decision and your right to an informal review or hearing. HUD says you typically have 10 to 14 days to ask in writing, so act quickly.

Can I Move to Another State With My Voucher?

Usually. HUD says vouchers are portable to any community in the U.S. If you lived outside the issuing agency's area when you applied, you may have to rent within its area for the first 12 months.

More on Rights and Daily Life

This guide explains official rules in plain language. It isn't legal advice, and only the agency that runs a program can decide your case.

Sources

  1. HUD: Housing Choice Voucher applicant and tenant resources
  2. HUD: Mainstream vouchers
  3. eCFR: 24 CFR 982.316, live-in aide
  4. eCFR: 24 CFR 982.402, subsidy standards
  5. eCFR: 24 CFR 982.503, payment standards
  6. eCFR: 24 CFR 982.206 and 982.207, waiting lists and preferences
  7. eCFR: 24 CFR 5.403 and 5.611, definitions and adjusted income
  8. HUD: FHEO intake and investigation process

disability.help is an independent publisher, not a government agency. To apply for Social Security disability benefits, go to ssa.gov. For VA disability compensation, go to va.gov.