Can You Be Married on Section 8? What Happens If You Get Married

8 min readJake Gandolfo
Can You Be Married on Section 8? What Happens If You Get Married

Yes. Married couples qualify for Section 8, and getting married while you have a voucher does not end it. No federal rule penalizes marriage. What matters to the program is who lives in the unit and what the household earns. If your new spouse moves in, the housing authority has to approve them first, their income is added to the household, and your rent share is recalculated.

The families who get in trouble are not the ones who marry. They are the ones whose spouse moves in without being reported.

This is general information, not legal advice. Your housing authority's administrative plan controls the details.

The Rule

Marriage is not an eligibility factor. The federal definition of "family" in 24 CFR 5.403 covers single people and groups of people living together "regardless of actual or perceived sexual orientation, gender identity, or marital status." A married couple is a family. So is an unmarried couple, and so is a single person.

Household members must be approved. Under 24 CFR 982.551(h)(2), the family "must request PHA approval to add any other family member as an occupant of the unit." A spouse is not an exception. Only births, adoptions and court-awarded custody are report-only.

Income follows the household. 24 CFR 5.609 counts income "received from all sources by each member of the family who is 18 years of age or older or is the head of household or spouse of the head of household." Once your spouse is in the household, their income counts.

If You Get Married While on a Voucher

1. Tell your housing authority before your spouse moves in. Ask for the form to add a household member. Getting married does not add your spouse automatically, and a marriage certificate is not approval.

2. Your spouse is screened the same way any adult addition is: criminal background, Social Security number, citizenship or eligible immigration status, and any debt to a housing authority. The mandatory bans in 24 CFR 982.553 (lifetime sex offender registration, methamphetamine production in assisted housing) apply to spouses too.

3. Your landlord adds your spouse to the lease. The owner can apply normal screening standards.

4. The housing authority recalculates your rent through an interim reexamination under 24 CFR 982.516. If you reported on time, you get 30 days' notice before an increase. If you did not, the increase reaches back to the month after the change.

Housing authorities that restrict adult additions generally still allow spouses. Philadelphia's administrative plan, for example, will not approve adding adults "other than by reason of marriage or interdependent relationship or domestic partnership."

If you live in New York City, the forms and offices are covered in how to add someone to your Section 8 lease in NYC.

What Marriage Does to Your Rent

Your share is generally 30 percent of adjusted monthly household income. Three things change when a spouse joins:

  • Their income is added. A spouse earning $2,000 a month adds roughly $600 to the monthly share before deductions. A spouse with no income adds nothing.
  • A spouse is never a "dependent." The $480 per-dependent deduction in 24 CFR 5.611 applies to household members other than the head or spouse. Your spouse's children who move in with them do count as dependents.
  • You may gain a deduction. If your spouse is 62 or older or is a person with disabilities, your household may become an "elderly family" or "disabled family," which carries a $525 annual deduction and lets you deduct certain unreimbursed medical expenses. Both dollar figures adjust for inflation.

Could the combined income end your assistance? Only if it is high enough that the housing authority's payment falls to zero. Even then the voucher stays open for 180 days after the last payment (24 CFR 982.455), and payments can resume if income drops in that window.

What Marriage Does to Your Voucher Size

Usually nothing. Subsidy standards almost always put spouses in one bedroom. NYCHA's occupancy chart assigns a head of household and spouse or domestic partner one bedroom, and Philadelphia's plan says "a husband and wife will be allocated one bedroom." If your spouse brings children, the bedroom count may go up under your housing authority's standards. For how voucher size and apartment size interact, see renting a 2-bedroom with a 1-bedroom voucher.

Married but Not Living Together

The program counts the people who live in the unit. If you are married and your spouse lives somewhere else, they are not a household member and their paycheck is not household income. Two cautions:

  • Money your spouse gives you regularly is your income. Recurring support counts even when the person paying it lives elsewhere.
  • The separation has to be real. If your spouse is there most nights, gets mail there, or lists your address for work or benefits, the housing authority will treat them as an unauthorized occupant with unreported income. Our post on how long a guest can stay explains where that line falls.

A housing authority may ask a married applicant whose spouse is absent to document it, for example with the spouse's lease or a separation filing. Tell the truth on the form. Marital status does not affect eligibility, so there is nothing to gain by hiding it.

If You Separate or Divorce

Who keeps the voucher is decided under 24 CFR 982.315:

  • The housing authority has discretion, under the policy in its administrative plan, to decide which family members keep the assistance.
  • It may consider who stays in the unit, the interests of minor children and of ill, elderly or disabled family members, and whether anyone left because of domestic violence.
  • If a court decides the matter in a divorce or separation, "the PHA is bound by the court's determination of which family members continue to receive assistance."
  • If the break-up results from domestic violence, dating violence, sexual assault or stalking, the housing authority "must ensure that the victim retains assistance."

Report a spouse's move-out promptly. It is a family obligation, and your rent will be recalculated without their income. NYC readers can follow how to remove someone from your Section 8 household.

If You Apply as a Married Couple

You apply as one household. Both incomes count toward the income limit for a two-person family, which is higher than the limit for one person. Both spouses are screened. Either spouse can be the head of household.

What Landlords Should Know

  • A new spouse should be added to both the lease and the housing authority's household composition before moving in. You can screen them as you would any adult applicant.
  • When the household's income rises, the tenant's portion goes up and the housing authority's portion goes down. Your contract rent does not change.
  • If a couple splits, wait for the housing authority's written decision on who keeps the assistance before changing the lease.

Frequently Asked Questions

Will I lose my Section 8 if I get married?

No. Marriage is not a ground for termination. You can lose assistance if your spouse lives with you without approval or if income goes unreported.

Do I have to report getting married if my spouse is not moving in?

Report changes your housing authority's policy requires, and answer marital status questions truthfully at recertification. A spouse who lives elsewhere is not a household member, but any regular support they give you is income.

Does my husband's income count if he is not on the voucher?

If he lives in the unit, he must be on the voucher and his income counts. If he lives elsewhere, only the money he actually gives you on a recurring basis counts.

Can my spouse be added if they are undocumented?

Yes. The household becomes a "mixed family" and the subsidy is prorated to cover only the eligible members. Your spouse's income is still counted.

We both have vouchers. Can we keep both?

No. One household gets one subsidy. When you combine households, one voucher is given up.

Do same-sex spouses get treated differently?

No. The federal family definition applies regardless of sexual orientation, gender identity or marital status.

Sources

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