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Section 8 Housing: Assistance Denial or Termination & Evictions/Unlawful Detainers

City of San Diego

In order to apply for and participate in the Section 8 HCV program, applicants and recipients must follow the rules and regulations of the program. Failure to do so may result in the denial of or termination from the program. See a comprehensive list of your rights and responsibilities.

You may have special protections if you are a survivor of domestic violence. You can find more information in the Reasonable Accommodations box in the "Applying for Section 8 Housing Vouchers" sub-page.

Common reasons for termination or denial from the program include:

  • Any member of the family has been evicted from federally assisted housing in the last ten (10) years.
  • Non-compliance of recertification interviews, inspections, or SDHC requests for information.
  • Participating in drug related or violent criminal activity, including marijuana usage.
  • Failure to notify SDHC of changes to income or household.

More information on the rules, regulations, and guidelines surrounding denial and termination of rental assistance can be found in Chapter 12 of the SHDC Administrative Plan.

If your rental application is denied for any reason, you can submit a Denial of Rental Application form to SDHC to ensure landlords are following nondiscriminatory practices. This is not a required form, but it helps SDHC ensure that landlords are not following discriminatory practices.

More information about evictions and unlawful detainers can be found in the Evictions/Unlawful Detainers box in this sub-page.

Once you have a lease with a landlord and SDHC, you are considered a program participant. When you are a program participant, you have the right to request an administrative review and/or an informal hearing to review program terminations in accordance with 24 CFR § 982.555.

San Diego County

In order to apply for and participate in the Section 8 HCV program, applicants and recipients must follow the rules and regulations of the program. Failure to do so may result in the denial of or termination from the program. A comprehensive list of your rights and responsibilities can be found starting on page 7 of the Family Handbook.

You may have special protections if you are a survivor of domestic violence. You can find more information in the Reasonable Accommodations box in the "Applying for Section 8 Housing Vouchers" sub-page. 

A criminal background check will be completed as part of the application, moving, and port-in process. You may be denied assistance due to convictions and/or arrests that did not result in a conviction. If you are denied or terminated from assistance due to your criminal or arrest record, you can challenge the accuracy or relevance of the arrest(s) or conviction(s) before a final determination is made by HACSD.

You can provide supporting documents to your claim, including:

  • Individual, witness, or personal statements corroborating circumstances
  • Professional recommendations or certifications from a health, law, or other program provider
  • Enrollment or completion of a drug or alcohol treatment program
  • Other evidence of rehabilitation or a change in circumstances

To show or explain:

  • The historical facts, seriousness (arrest vs. conviction), and/or extent of involvement (including VAWA protections) in the matter.
  • The effects a denial or termination would have on the other household members who were not involved in the crime or arrest.
  • The probability of more favorable conduct in the future.

You can find more information regarding the consideration of circumstances in background checks on page 10 of the Family Handbook. 

In accordance with 24 CFR § 982.555, if you receive a denial or "Notice of Termination" from HACSD you have the right to request an informal hearing within 14 days of the date on the notice. You must submit your request in writing and state why you are requesting an informal hearing.

You may request a hearing to discuss any of the following issues:

  • The household's annual or adjusted income and determining payment standards.
  • The appropriate utility allowance for tenant-paid utilities.
  • The family unit size and subsidy standards.
  • Assistance termination due to the household's action or failure to act.
  • Assistance termination due to household's absence from the home for more than thirty (30) consecutive days.

HACSD is not bound by the decision of the hearing officer if the decision exceeds the authority of the hearing officer or if it is contrary to HUD regulations or federal, state, and/or local laws.

Evictions & Unlawful Detainers

You may have special protections if you are a survivor of domestic violence. You can find more information in the Reasonable Accommodations box in the "Applying for Section 8 Housing Vouchers" sub-page.

During the initial term of the lease, the landlord may not terminate your lease for reasons not listed in HUD regulations. Examples of acceptable grounds include criminal activity, serious or repeated violation(s) of your lease, and/or harboring a fugitive or parole violator. After the initial lease term, there are "other good causes" in which a landlord can terminate a lease. Examples include rejecting a new lease or revision, destruction of property or poor housekeeping habits, and/or personal use of the unit by owner.

The landlord MAY NOT terminate tenancy for nonpayment of the portion of rent to be paid by the Public Housing Authority (PHA). You can find a full list of acceptable grounds for lease termination in 24 CFR 982.310. 

Landlords are required to provide proper notice to terminate a lease in accordance with local, state, and federal laws. NOTE: The City of San Diego and San Diego County have different laws and codes that address tenant rights. The landlord must also provide the PHA a copy of the eviction notice.

If you live in a subsidized or HUD-owned unit, there are additional rules when it comes to termination of tenancy. You can find more information in 24 CFR Part 247.

This section is not a comprehensive guide to evictions/unlawful detainers. You can find more information in the following guides:

If you believe the property you live in is being foreclosed or sold, you may have additional protections.