Renting in NYC: The Ultimate Guide
The Housing Choice Voucher program, more commonly known as “Section 8,” was created more than 40 years ago. In short, it makes market-rate housing more affordable for eligible residents by supplementing rental costs, which is a win-win for both tenants and landlords.
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What Is Section 8 Rental Assistance?
The government program provides low-income families, older adults, and people with disabilities with rental assistance in the private housing sector. Eligibility for this program is determined by household size and annual gross income.
Once admitted to the program, participants receive a voucher to begin their home search in the neighborhood of their choice. Typically, families pay approximately 30%, but up to 40% of their adjusted monthly income* on rent, and the program takes care of the difference in rent costs with a subsidy paid to the landlord directly.
* What’s adjusted gross monthly income? It’s your monthly taxable income minus allowable deductions per the Internal Revenue Service.
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…it’s illegal for landlords to discriminate against tenants based on how they pay their rent…
How to Apply for Section 8 Rental Assistance
The New York City Housing Authority (NYCHA), New York City Housing and Preservation Department (HPD), and New York State Homes and Community Renewal (HCR) run separate voucher assistance programs, more commonly known as Section 8. The three organizations operate independently and have different eligibility requirements. NYCHA stopped accepting new applications in 2009 because their waitlist is exceptionally long. HPD’s program does not offer vouchers to the general public; Prospective tenants must live in a building being developed or renovated under an HDP program or be unhoused individuals referred by the Department of Homeless Services or Human Resources Administration (HRA). HCR’s program serves the lowest income households in the city.
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Landlords Can’t Refuse Section 8 Housing Vouchers
Before you start your apartment search, it’s essential to know that it’s illegal for landlords to discriminate against tenants based on how they pay their rent, including with Housing Choice vouchers, so long as their income source is lawful. You can report housing discrimination to the NYC Commission on Human Rights by calling 718-722-3131 or the State Division on Human Rights by filling out a complaint form on their website. You can also call 311 for assistance.
“Understand that source of income discrimination is illegal. Never think that you shouldn’t apply to an apartment because it’s too nice or says something in the description like ‘no programs.’ You have the right to apply to any apartment in your price range,” says Joe Loonam, Housing Campaign Coordinator at VOCAL-NY, a grassroots organization dedicated to empowering low-income residents.
That said, there are a few exemptions from the source of income laws that apply to landlords and tenants in NYC, such as owner-occupied 1- and 2-family homes and rooms in an owner-occupied unit. (See NYC’s Human Rights Law as well as the New York State Human Rights Law for more information.)
“Source of income discrimination is illegal. Never think that you shouldn’t apply to an apartment because it’s too nice or says something in the description like ‘no programs.’ You have the right to apply to any apartment in your price range.”
Joe Loonam, Housing Campaign Coordinator at VOCAL-NY
How to Find an Apartment
Searching for an apartment can be daunting, especially if you use a voucher to pay the rent. Here are tips to maximize your home search.
- Treat it like a job interview: “When you go to see the apartment, make sure you present the best version of yourself,” says Essy Community Champion winner and real estate agent, Darlene Brown.
- Bring all your paperwork to showings: “When you see a unit, have all of your paperwork and voucher ready,” says Brown. “This will make the process smoother and show that you are an organized person.”
- Search for listings using price range tools: On StreetEasy, you can search for apartments based on rent ranges. Let’s say you have a voucher for a one-bedroom with an allowance, or payment standard, of $1,700. Just log on to the search site, input $1,700 for the maximum rent and the appropriate bedroom size to see what’s available. Note: You may be able to afford a bit more than the voucher payment standard based on additional household income, but this is an excellent place to start.
- Document correspondence: Although it is illegal, housing voucher discrimination happens. That’s why it’s important to document all exchanges with agents — think email and text messages — so you can prove discrimination if need be. Remember to take screenshots of any digital interactions and also save any paperwork that backs up your case.
Bonus tip: Did you find a broker or agent you like and trust? Continue working with them. While they may not have the perfect apartment right now, they may soon because of their access to rentals in a broad range of buildings.
Avoid Section 8 Housing Scams
Fake voucher scams promise to sell or transfer Section 8 Housing Choice Vouchers for a fee. Individuals and private companies can’t transfer or sell vouchers.
Landlords and Tenants Have to Follow State Laws and HUD Rules
All rental property owners must adhere to state laws, whether or not the tenant uses a voucher. Section 8 housing voucher recipients should know that subsidized apartments in NYC are inspected before a tenant leases. Afterward, you should expect a reinspection periodically.
Likewise, tenants who hold Section 8 vouchers have the same responsibilities as tenants without vouchers and are required to sign a lease, abide by the rules of their lease, and pay rent on time. Good luck with your apartment search!
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