Section 8 landlord

Question:

Can my mother use her Section 8 voucher to rent from my husband (her son-in-law) or the trust that he owns?

Response:

Probably not from him directly, but perhaps from his trust.

Family members normally cannot be Section 8 landlords. However, it’s hard to find the HUD definition of “family member.” This glossary of HUD terms includes a “son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law” as family members: https://www.hud.gov/sites/documents/40001GAHSGH.PDF  This would appear to rule out your husband.

Whether your husband’s trust can serve as your mother’s landlord probably depends on whether it is revocable or irrevocable. A revocable trust is likely no different from the individual since they have complete control. With an irrevocable trust, on the other hand, the grantor gives up control, so it should be able to rent to a family member.

But to be sure, I’d recommend checking with your local housing authority. You would be able to show them the trust and see what they say.

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