Question:
I am a Section 8 voucher holder. One of my children’s grandparents owns a home and I’m wondering if I can legally use my voucher to rent from him. Her dad and I were never married and are not together.
Response:
Yes, your children’s grandparents can be your Section 8 landlord since they are not related to you as defined in the HUD rules for Section 8 housing.
In most cases, relatives cannot serve as Section 8 landlords, the one exception being if the rental arrangement is necessary due to the tenant’s disability. While Section 8 programs are administered by local housing authorities, the federal Department of Housing and Urban Development sets the rules under which they must operate, including those that bar family members from serving as landlords. It can be hard to find where they define family members for this purpose, but it appears to be here. The rule states that “a
housing agency may not approve a unit for lease if the owner is the parent, child, grandparent, grandchild,
sister, or brother of the Section 8 voucher or certificate holder.”
Since you are the voucher holder and you have none of these relationships with your child’s grandparents, there should be no problem with them serving as landlord. It would be different if you lived with your child’s father and they were also on the voucher.
While it doesn’t appear to apply to you, one exception to these rules is when a Section 8 tenant is disabled and needs their relative’s assistance. In such cases, the relative may be the landlord. Here’s what the rule says: “The [housing authority], however, could still approve the unit for lease, if the HA determines that
approving the unit would provide reasonable accommodation for a family member who is a person with
disabilities.”
