Subsidized Housing

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How do I know if my housing is subsidized?

In some cases, this may be obvious. One of the most common types of subsidized housing is through the Section 8 Housing Choice Voucher program. This particular program provides “voucher-based subsidized housing”. The voucher travels with the tenant and can be applied wherever the tenant lives. 

It may be more challenging to determine whether or not your housing is subsidized if the subsidy that assists you with your rent is tied to the building or unit in which you live. This is commonly referred to as “project-based subsidized housing”. One way to determine if your housing is subsidized is by checking whether your building or complex requires you to recertify your income every year. Additionally, if your monthly rent is significantly lower than other housing options you have seen on the market, you may receive a project-based subsidy. 

Another type of subsidized housing, referred to as “shallow subsidy” housing, has rent that is only marginally lower than market-rate rent, and the subsidy only applies to some of the units instead of the entire building or complex. 

How do I find specific information about subsidized housing programs?

If you need information about public or subsidized housing programs, including housing choice vouchers, our office can provide you with the names of Public Housing Agencies and subsidized housing providers close to you. A list of Public Housing Agencies can also be found on HUD's website: https://www.hud.gov/topics/rental_assistance.

Do I have any additional protections as a tenant if my housing is subsidized?

Several different subsidy programs exist, and they all have various protections for tenants. Contact our office immediately if you believe your tenancy is at risk or if you have received a termination letter. You may have additional protections available to help you maintain your housing, but there are strict time limits on requesting these protections, so you must take action promptly. 

What is a “good cause” eviction?

Project-based subsidized housing complexes have to follow the rules of the agency that provides their funding. That could be HUD, USDA, or another agency. These agencies typically have rules saying that a tenant cannot be evicted from their apartment unless the landlord has “good cause” to do so. “Good cause” could mean several things, including:

• failure to pay rent,
• drug abuse or engaging in criminal activity,
• failure to follow program rules and/or the rules in the lease, or
• changes in tenant eligibility (i.e., the household income increases such that the tenant is no longer eligible for subsidized housing). 

If you receive a violation notice, you should correct the violation immediately so that it does not become grounds for a “good cause” eviction. You should also be sure to recertify your household income on time each year and alert the landlord to any changes in your income or household size throughout the year.

If I am evicted, can I lose my subsidized housing?

If you have a Section 8 Housing Choice Voucher, an eviction can result in the termination of your voucher. You should contact your Section 8 caseworker and/or your local LawNY office as soon as possible if you receive any of the following: 

• a termination notice, 
• a demand notice to pay back rent, or 
• court papers for an eviction. 

It is important that you take action on this as soon as possible to avoid losing your voucher.

In project-based subsidized housing, the subsidy is connected to the unit. You will lose the rental subsidy if you are evicted from that unit. In certain types of project-based subsidized housing, an eviction can also lead to a ban on specific kinds of subsidized housing for several years. It is important to promptly address any violation notices you receive from your landlord/property manager. If you receive a notice of termination that informs you of your right to contest it, it is important to pay attention to deadlines and submit your request by the date stated in the notice. If you receive a termination notice, you should seek assistance immediately to avoid losing your housing.

For more information, please see the article titled "General Eviction Information" on our website. 

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This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer.  Receiving this information does not make you a client of our office.

Last Review Date: August 2025