Can You Rent From a Family Member With Section 8?
Quick answerIn the United States, as of October 2026, usually not from a close relative. A housing agency must not approve a voucher unit owned by the parent, child, grandparent, grandchild, sister or brother of anyone in the household, unless approving it is a reasonable accommodation for a member with a disability. The federal list does not name aunts, uncles, cousins or in-laws, but some agencies add spouses, step-relatives and in-laws.
Last checked: October 7, 2026, against 24 CFR 982.4, 982.161, 982.306, 982.352, 982.453, 982.551, 982.552, 982.615, 982.641, 983.2, 983.210 and 983.251, HUD's payment contract (form HUD-52641, edition 4/2023), and the current administrative plans of the housing agencies in Chicago, Philadelphia, New Jersey, San Diego, Los Angeles and New York City (NYCHA and HPD), plus NYCHA's tenant FAQ and Oakland Housing Authority's FAQ.
- 6 relativesparent, child, grandparent, grandchild, sister, brother
- 1 exceptiona reasonable accommodation for a household member with a disability
- Any memberthe relationship can be to anyone in the household
- 3 of 6agency plans checked that add a spouse to the list
- 30 daysChicago's time to decide an accommodation request
The Rule
The bar is in one paragraph of federal regulation, and it binds the agency: it "must not approve" the unit.
24 CFR 982.306(d) reads in full:
Key point"The PHA must not approve a unit if the owner is the parent, child, grandparent, grandchild, sister, or brother of any member of the family, unless the PHA determines that approving the unit would provide reasonable accommodation for a family member who is a person with disabilities. This restriction against PHA approval of a unit only applies at the time a family initially receives tenant-based assistance for occupancy of a particular unit, but does not apply to PHA approval of a new tenancy with continued tenant-based assistance in the same unit."
- "Any member of the family"a landlord who is the grandmother of one child in the household is covered.
- "Owner" is widefor this section it "includes a principal or other interested party" (982.306(f)), so a relative behind a company or a shared title is covered.
- The family cannot own it either"The family must not own or have any interest in the unit" (24 CFR 982.551(j)).
What it means: the question to ask is whether the owner, or anyone with a stake in the property, is one of six relatives of anyone in the household.
Source: 24 CFR 982.306(d) and (f), 982.551(j), as in force October 2026.
Who is and is not on the federal list
The regulation names six relationships and stops there.
| Owner's relationship to a household member | May the agency approve the unit? | Citation |
|---|---|---|
| Parent, child, grandparent, grandchild, sister, brother | No, unless it is a disability accommodation | 24 CFR 982.306(d) |
| Spouse | Not listed in 982.306(d). A spouse who is in the household cannot own the unit. | 24 CFR 982.551(j) |
| Aunt, uncle, cousin, niece, nephew | Not listed | 24 CFR 982.306(d) |
| In-laws, step-relatives | Not listed | 24 CFR 982.306(d) |
| Former spouse | Not listed | 24 CFR 982.306(d) |
| Any relative "by blood or marriage" who lives in the unit and rents out a room | No | 24 CFR 982.615(b)(3) |
| Anyone, related or not, who lives in the unit (outside shared housing) | No | 24 CFR 982.352(a)(6) |
What it means: "not listed" is all the federal rule says about aunts, uncles, cousins and in-laws. The local plan decides the rest, and several plans add names.
Source: the regulations named in each row.
Who Counts as a Relative at Real Agencies
All six plans that state the rule repeat the six federal relatives, and three add a spouse.
| Housing authority | Relatives who cannot be the landlord | How it checks | Where it is written |
|---|---|---|---|
| Federal rule | Parent, child, grandparent, grandchild, sister, brother | Owner certifies in the payment contract | 24 CFR 982.306(d) |
| Chicago Housing Authority | Adds spouse and domestic partner; "related by blood or marriage" | Also a family obligation | Administrative Plan, effective October 1, 2025, chapters 12 and 13 |
| Philadelphia Housing Authority | Adds spouse | "The owner is required to certify that no such relationship exists" | Administrative Plan, effective January 1, 2026, sections 13.4 and 14.6 |
| New Jersey DCA (state program) | Adds spouse, stepparent, stepchild, stepsister and stepbrother | Not stated | Administrative Plan, state fiscal year from July 1, 2026, chapter 3 |
| San Diego Housing Commission | The federal list | "All landlords and tenants" sign a certification that they are not related | Administrative Plan, fiscal year 2026, chapter 12 |
| NYCHA (New York City) | The federal list, with "a principal or other interested party" | Ownership checked "through assessor's office records or a review of the grant deed" | Administrative Plan, May 2026, section XV |
| New York City HPD | The federal list | Exceptions approved at "the level of Director or above" | Administrative Plan, April 15, 2025, section 12.2 |
| Oakland Housing Authority | "mother, father, sister, brother, grandparents, grandchildren, stepfamily, in-laws, or any member of his or her household" | Not stated | FAQ, June 10, 2025 |
What it means: an in-law is outside the federal list and inside Oakland's, so the answer for an in-law, a spouse or a step-relative depends on the agency.
Source: the documents linked in each row. New Jersey's file is posted with "draft" in its name. San Diego's is the plan presented to its board on May 9, 2025. Oakland's entry is a web FAQ; its plan was not read.
Three more points from these documents:
- Chicago and Philadelphia make it the family's obligation too. Chicago's families may not "receive Housing Choice Voucher program housing assistance while residing in a unit owned by a spouse, domestic partner, parent, child, grandparent, grandchild, sister or brother of any member of the family (related by blood or marriage)" without a written accommodation.
- NYCHA's FAQ is looser than its plan. The tenant FAQ says relatives "include, but are not limited to" the six. The plan lists only the six.
- Los Angeles: no general relative rule was found in HACLA's January 2026 plan, only the shared housing one below.
New York owners of co-op and condo units face the same rule: see Section 8 in a NYC co-op or condo.
Can My Relative Be My Landlord? A Decision Diagram
Work through five questions in order; the first "yes" decides it.
- 1Do you, or anyone on your voucher, own any share of the unit?Stop. The family may not have any interest in the unit.
- 2Does the owner live in the unit?An ordinary voucher cannot be used there. Shared housing is the only route, and a resident owner related to you by blood or marriage is barred.
- 3Is the owner, or any co-owner or company principal, the parent, child, grandparent, grandchild, sister or brother of anyone in your household?The agency must refuse unless it grants a disability accommodation.
- 4Is the owner a spouse, step-relative, in-law or domestic partner?Read your agency's plan. Chicago, Philadelphia, New Jersey and Oakland each add some of these.
- 5Is the owner an aunt, uncle, cousin or other relative none of these rules name?No relative bar was found. The unit still has to pass inspection and the rent test like any other.
What it means: the answer turns on who owns, who lives there and which agency holds the voucher.
Source: 24 CFR 982.551(j), 982.352(a)(6), 982.615(b)(3) and 982.306(d); the agency documents in the table above.
Exception 1: A Reasonable Accommodation for a Disability
The agency may approve a relative's unit when doing so "would provide reasonable accommodation for a family member who is a person with disabilities," and the agency is the one that decides.
The regulation gives no procedure. NYCHA's FAQ describes the kind of case it approves: one where "the existing characteristics in the proposed apartment and/or building provide relief from the disability through better accessibility, mobility, or the provision of medical care."
- Chicagothe request may be made "by or on behalf of a person with a disability." The family must explain the "nexus" between the disability and the request. Staff help put it in writing. A decision comes within 30 calendar days.
- Philadelphiaany statement that a rule needs to bend because of a disability is treated as a request, "even if no formal request is made." The agency "may request verification."
- NYCHAthe household "may be required to submit documentation from a medical professional," and a denial comes in writing.
- New York City HPDan exception to the relative rule "must be approved by an HPD employee at the level of Director or above."
What it means: the request has to connect the disability to this particular unit, and the approval has to exist before the lease.
Source: Chicago plan sections 2-II.C and 2-II.D; Philadelphia plan section 3.7; NYCHA plan section II.D; HPD plan, owner disapproval section; all linked in the table above.
- 1Ask before the tenancy request goes inthe household, or someone on its behalf, tells the agency it needs an exception to the relative rule because of a disability.
- 2Explain the link to this unitan accessible entrance, a ground floor, or care the relative next door provides.
- 3Give verification if askedChicago will not seek third-party proof when "the disability is obvious and the nexus is clear." San Diego accepts a letter from "a licensed doctor or other health care professional."
- 4Get the decision in writingthe owner's contract certification depends on the agency having "notified the owner and the family" of its determination.
What it means: a verbal yes from a caseworker does not let the owner sign the contract truthfully. Chicago allows a review or grievance hearing if the request is refused.
Source: the plans cited above; form HUD-52641, Part B, section 8(g).
The wider process, with New York City agencies as examples, is in the guide to Section 8 reasonable accommodation requests.
Exception 2: The Relationship Started After You Moved In
The bar is tested when a family first gets assistance in a particular unit, so a later lease renewal in the same unit does not reopen the question. It is narrower than it sounds.
- What the regulation covers. The restriction "does not apply to PHA approval of a new tenancy with continued tenant-based assistance in the same unit."
- What two plans add. Chicago and Philadelphia say current contracts between related owners and families "may continue," but new leases or contracts for them may not be approved.
- A relative who buys or inherits the building is a different case. The payment contract "may not be assigned to a new owner" who is one of the six relatives unless the agency has approved an accommodation (form HUD-52641, Part B, section 14(e)).
- Divorce. New Jersey says: "If, because of divorce, the property owner is no longer an immediate family member, the property owner may enter into a Housing Assistance Payments Contract with the program to benefit their former family members."
- Old leases. San Diego exempts owners whose lease "was effective before June 17, 1998."
Watch outThe owner's certification runs "during the term of this contract." No federal text was found that says what happens when a listed relationship first arises mid-lease, for example when the owner becomes the parent of a child in the household. Report it and ask the agency in writing.
A partner who is the owner raises the ownership rule as well: see can my boyfriend or girlfriend live with me on Section 8.
Renting a Room in a Relative's Home
A room in a home the relative lives in is barred twice: once because the owner lives there, and again by a wider relative rule.
| Rule | Who it covers | Exception in the text |
|---|---|---|
| Owner-occupied unit, 24 CFR 982.352(a)(6) | "A unit occupied by its owner or by a person with any interest in the unit" | Shared housing |
| Shared housing with a resident owner, 24 CFR 982.615(b)(3) | "An assisted person may not be related by blood or marriage to a resident owner" | None in the regulation |
| Any voucher unit, 24 CFR 982.306(d) | The six listed relatives | Disability accommodation |
What it means: a cousin may rent out a separate apartment they own, but not a room in the home they live in.
Source: the regulations named in each row.
Los Angeles's plan says shared housing "can never override" that bar (section 9.1). How shared housing works with an unrelated owner is in can you have a roommate on Section 8.
The Conflict of Interest Rule Is Separate
A second rule bars people connected to the agency itself, and their close families, from any interest in a voucher contract.
24 CFR 982.161 covers agency board members, officers, employees and contractors who shape decisions, public officials with a role in the program, and members of Congress, "during tenure or for one year thereafter." The payment contract extends it to an "immediate family member" of any of them, a list that includes spouses, stepparents, stepchildren and stepsiblings. The HUD field office may waive it for good cause.
Homeownership and Project-Based Units
Both programs have their own text.
- Homeownership option: 982.306 does not apply, except that an agency may disapprove a seller for the reasons in paragraph (c) (24 CFR 982.641(b)(4)). Philadelphia's plan says its relative rule "does not apply to the Section 8 homeownership program."
- Project-based vouchers: 24 CFR 983.251(a)(4) repeats the six-relative bar, and the owner's certification in 983.210(e) adds a spouse. The program types are compared in Section 8 vs. public housing vs. project-based.
What Happens If You Hide It
A hidden relationship puts a false certification in the owner's contract and untrue information in the family's file, and both can cost money.
- The owner's certificationthe owner "is not the parent, child, grandparent, grandchild, sister, or brother of any member of the family," unless the agency has approved an accommodation (form HUD-52641, Part B, section 8(g)).
- Owner breachviolating any contract obligation, or fraud in a federal housing program, is a breach. Remedies "include recovery of overpayments," reduced or ended payments, and "termination of the HAP contract" (24 CFR 982.453).
- Deductionsif the owner was not entitled to a payment, the agency "may deduct the amount of the overpayment from any amounts due the owner," including under other contracts (Part B, section 7(f)).
- The familyinformation supplied "must be true and complete" (982.551(b)(4)). The agency may end assistance for a broken obligation or for fraud, and may offer an agreement to repay amounts owed (24 CFR 982.552(c)(1)).
What it means: termination for the family is a "may," with notice and a hearing first. Those steps are in what can make you lose your Section 8 voucher.
Source: 24 CFR 982.453, 982.551 and 982.552; form HUD-52641, edition 4/2023 (the posted copy prints an expiry date of 4/30/2026; no newer edition was found).
What Landlords Should Know
An owner signs the relative certification personally, so check the family tree before the request for tenancy approval.
- Count everyone on both sides. Any household member, including a child, and any owner, principal or interested party.
- Check the local list. Spouses, domestic partners and step-relatives are added in some plans.
- Selling to a tenant's relative needs agency consent. The contract cannot be assigned to a listed relative without an approved accommodation.
- Unrelated tenants are the ordinary case. Owners can list a property to reach voucher holders, and the wider economics are in is Section 8 worth it for landlords.
Frequently Asked Questions
Can I rent from my mom or dad with Section 8?
No, unless the housing agency approves the unit as a reasonable accommodation for a household member with a disability. A parent is on the federal list.
Can I rent from my aunt, uncle or cousin with Section 8?
The federal regulation does not list them. Check the local plan, and note that a relative by blood or marriage who lives in the unit cannot rent a room to you under shared housing.
Can my sister be my Section 8 landlord?
No, unless there is an approved disability accommodation. Sisters and brothers are on the federal list.
Can I rent from my in-laws with Section 8?
The federal list does not name in-laws. Oakland's FAQ does, and Chicago's rule covers listed relatives "by blood or marriage." Ask the agency in writing first.
My landlord became my relative after I moved in. Do I lose my voucher?
The approval bar applies when assistance in that unit first starts, and a later lease in the same unit is not re-tested. A sale or transfer of the building to a listed relative needs the agency's consent. Tell the agency.
Can I use my voucher in a house my family member owns if I have a disability?
Possibly. Ask for a reasonable accommodation, explain why this unit meets a disability-related need, and get the approval in writing before the owner signs.
Sources
- 24 CFR 982.306, PHA disapproval of owner
- HUD Housing Assistance Payments Contract, form HUD-52641
- Chicago Housing Authority HCV Administrative Plan, effective October 1, 2025
Next step: find your agency in the housing authority directory, open its plan and search for "grandparent." The sentence that comes up is the local version of this rule. The national Section 8 guide covers the rest of the program.
Looking for a place that takes your voucher? Browse voucher-friendly listings on VoucherMatch.
Have a unit to rent? List your property and reach tenants who already have a voucher in hand.
Sources for this article (20)
- 24 CFR 982.306(d) (ecfr.gov)
- 24 CFR 982.551(j) (ecfr.gov)
- 24 CFR 982.615(b)(3) (ecfr.gov)
- 24 CFR 982.352(a)(6) (ecfr.gov)
- Administrative Plan (thecha.org)
- Administrative Plan (pha.phila.gov)
- Administrative Plan (nj.gov)
- Administrative Plan (sdhc.org)
- Administrative Plan (nyc.gov)
- Administrative Plan (nyc.gov)
- FAQ (oakha.org)
- tenant FAQ (nyc.gov)
- form HUD-52641 (hud.gov)
- plan (hacla.org)
- 24 CFR 982.161 (ecfr.gov)
- 24 CFR 982.641(b)(4) (ecfr.gov)
- 24 CFR 983.251(a)(4) (ecfr.gov)
- 983.210(e) (ecfr.gov)
- 24 CFR 982.453 (ecfr.gov)
- 24 CFR 982.552(c)(1) (ecfr.gov)
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