Public Housing

Public housing refers to a housing program that provides public housing to low-income families, the elderly, and people with disabilities.

This program is funded by the U.S. Department of Housing & Urban Development (HUD) and managed by local public housing authorities. Find your local housing authority in HUD's contact list.

Federal Laws & Regulations

42 U.S. Code Section 1437, Subchapter I
This subchapter outlines the general federal program of assisted housing.
24 CFR Part 960
These federal regulations cover eligibility and application procedures for public housing.
24 CFR Part 966
These federal regulations cover lease requirements and grievance procedures for tenants in public housing.

Understanding the Law

HUD's Public Occupancy Guidebook
This publication from HUD covers issues related to rental issues from application and rent calculations through ongoing occupancy to lease termination.
Public Housing Fact Sheet
This intro page on HUD's website covers the basics of the federal public housing program.
Public Housing in Texas
This TexasLawHelp.org article explains the basics of the public housing program in Texas.
Utility Allowances in Public Housing
This page on HUD's website discusses utility allowances as part of the total resident payment for people in public housing.

Section 8 Housing Choice Voucher Program

The housing choice voucher program is a housing program for low-income families, the elderly, and people with disabilities. This program is funded by the U.S. Department of Housing & Urban Development. It is often referred to as Section 8.

The housing choice voucher program allows the tenant to rent from a landlord in the private market. The local public housing authority (PHA) pays a rent subsidy directly to the landlord, and the tenant pays the difference.

Federal Laws & Regulations

24 CFR Part 982
These federal regulations govern HUD's Section 8 tenant-based housing choice voucher program.
42 U.S. Code Section 1437f
This federal statute outlines requirements for low-income housing assistance payments.
24 CFR Part 983
These federal regulations address the project-bases voucher program, a smaller component of the Section 8 housing choice voucher program.

Understanding the Law

Housing Choice Vouchers (Section 8)
This TexasLawHelp.org article covers the basics of Section 8 housing choice voucher program in Texas.
Section 8 Housing Choice Voucher Fact Sheet
This HUD fact sheet answers common questions about the department's Section 8 housing choice voucher program.
The Housing Choice Voucher Program Guidebook
This HUD guidebook outlines up-to-date requirements and policies for the department's Section 8 housing choice voucher program.
Housing Choice Voucher Resources
Here you can find news, resources, and more information on special purpose voucher programs and other HCV initiatives.
Project-Based Vouchers
This page on HUD's website has overviews, guidance, and forms for the project-based voucher program.
Section 8 Resources (TDCA)
This page on the Texas Department of Housing & Community Affairs lists Texas resources for both landlords and tenants who participate in the Section 8 housing choice voucher program.

Evictions & Terminations

Evictions must follow the eviction process set out in Texas law. Landlords have additional requirements if the tenants are in federally subsidized housing or participate in the Section 8 housing choice voucher program.

See the Evictions section of our Landlord/Tenant Law guide for details about the Texas eviction procedures.

Federal Regulations

24 CFR Part 966.4(i)
These federal regulations cover procedures for the termination tenancy and eviction in public housing.
24 CFR Part 247
These federal regulations apply to terminating a tenancy in subsidized housing, including evictions. Note that this section does not apply to termination of a tenancy in the housing voucher program.
24 CFR Section 982.310
This federal regulation prohibits the owner from terminating the tenancy unless there are serious violations of the lease, laws, or other good causes.
24 CFR Part 982 Subpart L
These federal regulations allow a public housing authority to deny admission or terminate assistance if the participants do not fulfill their obligations or are involved in certain criminal activity.

Understanding the Law

HUD's Public Occupancy Guidebook
Termination and eviction procedures are covered in Chapter 13 of Lease Requirements.

Domestic Violence

Survivors of domestic violence, stalking, and sexual assault have additional housing protections in HUD programs under the Violence Against Women Act(VAWA). This includes:

emergency transfers into safer housing;
protection from eviction from a HUD-subsidized unit because of VAWA violence or abuse;
protection from having their housing assistance terminated because of VAWA violence or abuse;
protection from being denied admission or assistance for a HUD program because of VAWA violence or abuse;
allowance to move with continued assistance if they participate in Section 8;
the right to confidentiality of their survivor status.

We have more resources for domestic violence survivors on the Legal Advocacy Organizations page of our Legal Help guide.

Federal Law & Regulations

34 U.S. Code Chapter 121, Subchapter III
Part of the Violence Against Women Act, this subchapter discusses programs that address the housing needs of victims of domestic violence.
24 CFR Part 5 Subpart L
These federal regulations set out protections for victims of domestic violence, stalking, and sexual assault that live in HUD-funded housing programs.
42 U.S. Code Section 1437f
This federal statute outlines requirements for low-income housing assistance payments. Protections for victims of domestic violence are included throughout.

Understanding the Law

Housing Rights for Victims of Family Violence
This TexasLawHelp.org article discusses housing rights for domestic violence survivors, including those who live in or are applying to any public housing program.
Your Rights Under the Violence Against Women Act (VAWA)
This page on HUD's website discusses options for survivors of domestic violence, including filing a VAWA complaint.
VAWA and Housing Under HUD
This page on HUD's website has many resources and information on VAWA and programs administered by HUD.
VAWA Guidance for Project-Based Section 8 Owners
This article from the Housing Law Bulletin discusses guidance under the Violence Against Women Act for tenants in public housing.
Maintaining Safe and Stable Housing for Domestic Violence Survivors
This guide for attorneys and victim's rights advocates discusses safety planning, victims' rights, and common landlord-tenant issues for domestic violence survivors.

Note The library cannot tell you what the law means for your situation.