What Section 8 Requires: The Basic Rules

Section 8 housing has four main requirements: your household income must fall below a set limit for your area, you must be a U.S. citizen or have may be able to access immigration status, you cannot have certain criminal convictions, and you must pass a background check on your rental history. The income limit is the one that changes most often and varies by county — a family of four might have a limit of $35,000 in one place and $52,000 in another. Your local public housing authority (PHA) sets the exact numbers each year based on the area's median income.

Beyond those four, there are a few other things that can disqualify you or delay your approval. Owing money to a previous landlord, having an eviction judgment against you, or failing a drug test can all block you from getting a voucher. Some PHAs also look at whether you have been convicted of a violent crime or a felony drug offense in the past, though the rules on this vary by state and by agency.

Key Takeaways

  • Your household income must be at or below 50 percent of your area's median income, though some PHAs use 60 percent — you need to check your local PHA's current limit.
  • You must be a U.S. citizen, a permanent resident, or hold one of a few other immigration statuses that the federal government recognizes as may be able to access.
  • Criminal convictions for violent crimes, drug felonies, or sex offenses can permanently disqualify you, depending on when they happened and your state's rules.
  • Unpaid rent or an eviction judgment from a previous landlord will usually block your process unless you can show you have resolved the debt.
  • Income limits change yearly and differ by location, so you must check your specific PHA's current numbers rather than using a national average.

Income Limits and How They Are Calculated

The income ceiling for Section 8 is typically 50 percent of your area's median family income, though some public housing authorities use 60 percent. This means if the median income in your county is $80,000, the limit might be $40,000 for a family of four. The PHA publishes these numbers every year, usually in spring, and they shift based on changes to the area's overall income levels.

Income includes wages, self-employment earnings, Social Security, unemployment benefits, child support, and most other regular money coming into your household. It does not include one-time payments like tax refunds or insurance settlements. If you are elderly or have a disability, some deductions explore — you may be able to subtract medical expenses or a portion of your income before the PHA counts it against the limit.

To find your area's current limit, contact your local PHA directly or visit their website. Do not use a number from an article or a different state — the limits shift annually and by location, and using an outdated figure could lead you to think you do not meet the requirement when you actually do.

Citizenship and Immigration Status Requirements

You must be a U.S. citizen or hold one of several immigration statuses recognized by the federal government. Permanent residents (green card holders) are always may be able to access. Refugees and asylees are may be able to access. Some people with temporary protected status (TPS) or deferred action for childhood arrivals (DACA) status may also be may be able to access, though the rules have changed over time and vary by state.

If you are not a citizen, you will need to provide proof of your immigration status — typically your green card, refugee documentation, or asylum approval letter. The PHA will verify your status with the U.S. Department of Homeland Security before approving your voucher. If you are undocumented, you cannot receive a Section 8 voucher, though some states and cities run their own housing programs that do not have federal citizenship requirements.

Criminal History and Background Checks

The PHA will run a criminal background check on everyone in your household who is 18 or older. Convictions for violent crimes, drug-related felonies, or sex offenses can disqualify you permanently or for a set number of years. The exact rules depend on your state and the specific PHA — some agencies have a blanket ban on anyone with a felony drug conviction, while others look at when the conviction happened and whether you have stayed out of trouble since.

A misdemeanor or a conviction from many years ago does not automatically disqualify you. The PHA looks at the nature of the crime, how long ago it occurred, and what you have done since. If you have a criminal record, contact your local PHA before you explore to ask whether your specific situation would block you. Some PHAs will give you a preliminary answer over the phone.

Eviction History and Unpaid Rent

If you owe money to a previous landlord or have an eviction judgment against you, the PHA will usually deny your process unless you can show proof that you have paid the debt or reached a settlement. An eviction judgment stays on your record, but some PHAs will overlook it if enough time has passed — typically three to five years — and you have a clean rental history since then.

The PHA will contact your previous landlords to verify your payment history. If you left owing rent, be upfront about it and bring documentation showing that you have paid it back or that the landlord has agreed to forgive it. Some people in this situation pay the old debt before explore, which removes the barrier entirely.

Other Factors That Can Affect Your process

The PHA will also look at whether anyone in your household has been convicted of manufacturing methamphetamine on federal property. They will check whether you are listed on any sex offender registry. Some agencies also verify that you are not currently receiving housing support from another federal program — you cannot hold a Section 8 voucher and a public housing lease at the same time.

If you have a history of not paying utilities or damaging rental property, this can come up during the background check and may slow your approval. The PHA is looking for signs that you will be a stable tenant who pays rent on time and takes care of the unit. If you have had problems in the past, explaining what changed and providing references from recent landlords can help.

What Happens After You Meet the Requirements

Meeting the income, citizenship, and background requirements means you can move forward in the process — it does not mean you will receive a voucher when ready. Most PHAs have waiting lists that can be months or years long. Some areas are not currently taking new applications at all. Once your name reaches the top of the list, the PHA will contact you to complete the full process and do a final verification of your income and background.

After you receive your voucher, you will need to find a landlord willing to rent to you and a unit that passes the PHA's inspection. The voucher is good for a set period — usually 60 to 120 days — to find housing. If you cannot find a unit in that time, you may be able to request an extension, though this varies by PHA.

Frequently Asked Questions

What counts as income for Section 8?

Wages, self-employment earnings, Social Security, unemployment benefits, child support, and alimony all count. One-time payments like tax refunds, insurance settlements, or gifts do not. If you are elderly or disabled, you may be able to subtract medical expenses before the PHA counts your income.

Can I be denied if I have an old eviction on my record?

An old eviction does not automatically disqualify you. Most PHAs look at how long ago it happened and whether your rental history has been clean since then. If it has been three to five years and you have paid rent on time since, you have a reasonable chance of approval. Contact your local PHA to ask about your specific situation.

What if someone in my household has a criminal record?

It depends on the crime, when it happened, and your PHA's rules. Violent crimes and drug felonies are the most likely to block approval. Misdemeanors and older convictions may not. Call your PHA and describe the situation — they can tell you whether it will disqualify you before you spend time on a full process.

Do I need to be a U.S. citizen to get Section 8?

No. Permanent residents, refugees, asylees, and some people with TPS or DACA status are also may be able to access. You will need to provide proof of your immigration status. Undocumented immigrants cannot receive a federal Section 8 voucher, though some cities and states run their own housing programs without citizenship requirements.

How long does the background check take?

The PHA typically completes a background check within two to four weeks after you submit your full process. Criminal background checks and verification with previous landlords can take longer if there are issues to investigate. Your PHA can tell you how long the process usually takes in your area.